Daryl Hart — ADJ13982977

Daryl Hart, a former professional football player for the Oakland Invaders, filed a cumulative trauma claim in December 2020 (ADJ13982977) for injuries during employment between January 4, 1984 and June 15, 1991. Defendant North River Insurance Company, administered by Crum & Forster, argued the claim was barred by res judicata/collateral estoppel because Hart had previously filed and settled a prior CT claim (ADJ2497765) for injuries between January 15, 1984 and July 24, 1986, with a $42,000 payment via a compromise and release approved June 21, 1991. The WCJ found defendant failed to meet its burden of proof because no evidence showed what injuries were alleged or settled in the prior claim — records having been purged by both the WCAB and the carrier. The Board denied reconsideration, holding that claim preclusion and issue preclusion are affirmative defenses on which defendant bore the burden of proof, that no adverse inference arose from applicant's non-appearance because defendant never subpoenaed him or served a notice to appear, and that without comparable evidence of the prior claim, no identity of cause of action could be established.