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Trial Win by Ariella Onyeama

Attempting to prevail on a jurisdictional challenge is never easy and is especially difficult when the employer raising the defense is a CA club. The fact a trial judge issued a take nothing finding in favor of the San Francisco Giants based on the jurisdictional defense raised...
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Take Nothing by James Chapman

The Applicant in this matter was a warehouse employee at a large retailer who claimed a cumulative trauma injury to her bilateral lower extremities as a result of her work at the Employer. The claim was initially accepted as the Applicant did have medical evidence supporting...
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Firm Obtains Take Nothing Recon Win for Out-Of-State Professional Athlete Employer

The WCAB issued a favorable decision in favor of an out-of-state employer under the AB-1309 amendments to Labor Code Section 3600.5. While the WCAB stopped short of finding the entire CT claim barred per Labor Code Section 3600.5(d), the WCAB found the Philadelphia Phillies...
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No California Jurisdiction found in Sports CT Claim

After two days of Trial, the WCJ found the out-of-state Applicant did not meet his burden of proof on two key jurisdictional contentions: 1) That the Applicant’s sports agent had authority to bind the Applicant to a player contract; and 2) that the Applicant signed his player...
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Dismissal in Dante Hall v St. Louis Rams

Mr. Collins prevailed at trial by proving that a Choice of Forum clause contained in a different team’s contract should be enforced against the Applicant even though he was traded to the St. Louis Rams and played multiple games in the State with the Rams. The Trial Judge issued a...
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Dismissal in Christian Fauria v Carolina Panthers

Mr. Collins prevailed on a long running case in which he was able to defeat a claim by a professional football player that he had formed his contract in this state through the use of a California based Sports Agent. The WCAB, in its third separate opinion on Reconsideration,...
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Roy Hilton v Atlanta Falcons – Arbitration Decision

Applicant filed his claim over 35 years after retiring from the NFL in 1976. In the Application for Adjudication, CIGA was named as a party-defendant to represent the interests of Mission Insurance Company on behalf of the Atlanta Falcons. CIGA subsequently denied liability, and...
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Firm Prevails on Jurisdictional Case for Jacksonville Jaguars

The firm has prevailed on an important case for the professional sport franchises in Florida. Using Florida’s new law, FS section 440.094, the California WCAB declined to exercise jurisdiction over the Jacksonville Jaguars in the case of Torry Holt v. Jacksonville Jaguars. Torry...
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Firm Prevails on 3600.5(b) Defense; No CA Subject Matter Jurisdiction

The firm has successfully litigated a case at trial raising CA Labor Code section 3600.5(b) as a defense to bar the claim based on a lack of subject matter jurisdiction. The firm represented the International Basketball League in a CT claim filed by a former professional...
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Agent Alone Will Not Confer WCAB Jurisdiction

Great Divide Insurance Company, represented by Ray Correio of Pearlman, Borska and Wax, won an important decision on Reconsideration. The case of Junior B. Ioane vs the Oakland Raiders (click on the attached link for the entire case) held that the use of a California based Agent...
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