Ken Stabler — ADJ7762424

Professional football player Ken Stabler sustained a cumulative trauma injury over a career spanning approximately January 1970 through September 1984 while employed by the Oakland Raiders, Houston Oilers, and New Orleans Saints. Travelers insured the Saints from August 1982 through April 1983 and was held liable for benefits under Labor Code section 5500.5, later settling with applicant's estate, and then sought reimbursement of $87,083.53 from the Saints, alleging they were unlawfully uninsured during the last year of injurious exposure (September 17, 1983 through September 17, 1984). The Saints claimed coverage by North-West Insurance Company and First Horizon Insurance Company, but could not produce the North-West policy, and the First Horizon policy only directly insured Louisiana claims while providing mere reimbursement (not direct payment) for other states via an 'All States Endorsement.' The Board held that because the First Horizon policy promised only reimbursement rather than direct payment for California claims—akin to an excess policy—it did not satisfy the obligation to secure payment of compensation under Labor Code section 3700, and that there was insufficient evidence of any North-West policy. The Board rescinded the WCJ's February 22, 2018 Findings and Order, found the Saints illegally uninsured, and ordered the Saints to reimburse Travelers.