Smith, Paul, III

Defendant Denver Broncos filed a petition for removal from a WCJ's February 4, 2025 order joining the team as a party defendant in a professional football injury claim. The Board had previously returned the matter to the trial level with guidance directing the WCJ to consider re-joining the Denver Broncos (along with the Detroit Lions and St. Louis Rams) and to provide notice and opportunity for all parties to be heard. The Broncos argued that joinder was inappropriate based on the merits of the claim. The Board denied removal, reasoning that the defendant failed to show substantial prejudice or irreparable harm and that no record yet existed from which the merits of joinder could be evaluated. The Board declined to address the merits, noting the WCJ may set a hearing, create a record, and then determine whether joinder is appropriate.