Benjamin Claxton — ADJ8481999

Professional football player Benjamin Claxton claimed cumulative trauma injuries including a cognitive disorder while employed by various NFL teams, including the Oakland Raiders (May 3, 2007 - August 21, 2007) and the Arizona Cardinals (January 7, 2009 - September 3, 2011). Neurology QME Dr. Daniel Shalom recommended a neuropsychological evaluation to assess applicant's cognitive complaints. The WCJ found the cognitive disorder claim barred by Labor Code section 3208.3 (six-month employment defense), reasoning the relevant employment was less than six months with the Raiders, and held an evaluation unnecessary. The WCAB rescinded the F&O, holding that because the Cardinals (where applicant was employed for over a year) were party defendants, there was no basis to limit the section 3208.3(d) defense to the Raiders' short tenure, so the psychiatric claim was not barred. The Board further reasoned a cognitive disorder is distinct from a psychiatric injury and not subject to section 3208.3, and ordered the matter returned to the WCJ for further proceedings including a neuropsychological evaluation.