WCPanelIQ
PanelDenied

Christopher Bodishbaugh — ADJ13364587

CHRISTOPHER BODISHBAUGH, Applicant vs. SOUTHERN MARYLAND BLUE CRABS; MIAMI MARLINS; SPACE COAST SURGE; VICTORIA SEALS; CALGARY VIPERS; SIOUX CITY EXPLORERS; WINNIPEG GOLDEYES; FARGO-MOOREHEAD REDHAWKS; SAN RAFAEL PACIFICS; and SOUTHSHORE RAILCATS, Defendants

ADJ number
ADJ13364587
Decision date
Mar 17, 2022
District office
Van Nuys
WCJ
—
Claim administrator
State Compensation Insurance Fund; Travelers Indemnity Company; Chesapeake Employers Insurance Company
Commissioners
MARGUERITE SWEENEY, COMMISSIONER, KATHERINE ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: head, face, neck, upper extremities, multiple

LC §5500.5LC §5001CCR §10500

Summary

Christopher Bodishbaugh, a professional baseball player, claimed cumulative injury during employment by multiple teams from June 5, 2008 to August 1, 2015. Applicant entered into a Compromise and Release with only the Southern Maryland Blue Crabs and its carrier Chesapeake Employers Insurance Company for $35,000, which the WCJ approved on October 16, 2020 with limiting language confining the settlement to the body parts and dates of injury in Paragraph 1 as explained in Paragraph 9. SCIF (San Rafael Pacifics) and Travelers (Gary Southshore Railcats) sought reconsideration, arguing the parties intended the C&R to settle the entire claim against all defendants. Applying contract law principles, the WCAB held that because these carriers were neither parties to the C&R nor provided any consideration, the C&R settled only the claim against the Southern Maryland Blue Crabs/Chesapeake. The Board affirmed the WCJ's F&O.

Issues

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Holding

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Analysis

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