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Kevin Mc Clain — ADJ9069066

KEVIN McCLAIN, Applicant vs. LOS ANGELES RAMS; WASHINGTON FEDERALS; HOUSTON GAMBLERS; NORTH RIVER INSURANCE COMPANY; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, For FREMONT INSURANCE COMPANY, In Liquidation, Defendants

ADJ number: ADJ9069066
Decision date: Aug 28, 2022
District office: Santa Ana
WCJ: —
Claim administrator: California Insurance Guarantee Association (CIGA) for Fremont Insurance Company, in Liquidation; North River Insurance Company
Commissioners: —

Injury / body parts: orthopedic injuries (cumulative trauma from professional football)

LC §5909CCR §10962

Summary

Professional gridiron football player Kevin McClain claimed cumulative trauma injuries from his career with the Los Angeles Rams, Washington Federals, and Houston Gamblers. The WCJ found two separate cumulative trauma injuries: one from June 15, 1975 through November 10, 1979 (Rams), and one from April 29, 1983 through the 1984 season (Federals/Gamblers). CIGA petitioned for reconsideration, arguing as a matter of law there was only one cumulative injury because applicant sustained no compensable disability between the two periods. The Board denied reconsideration, holding that the number of injuries is a question of fact supported by both QMEs' uncontroverted opinions that two separate cumulative injuries occurred, separated by an approximately three-year gap with no interval injury or treatment.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.