This case involved a former professional hockey player alleging a CT injury to multiple body parts. The case was filed with the WCAB on 9/16/2013 and served on all Defendants on the same date. Since this date came after implementation of the AB1309 amendments to Labor Code §3600.5, Defendants maintained that AB1309 would apply and bar the applicant’s claim in its entirety.
The case went to trial where Applicant’s attorney argued that under Code of Civil Procedure §12(a) and Ca. Code of Regulations, Title 8, §10508, the applicant could file his claim on 9/16/13 and avoid application of AB1309. The parties stipulated at the time of trial that if AB1309 did apply, it would bar the applicant’s claim in its entirety. The trial Judge agreed with Applicant’s position and found that under Code of Civil Procedure §12(a), the time to file and avoid application of AB1309 was met.
Defendants filed a Petition for Reconsideration with the WCAB. The WCAB granted Reconsideration and rescinded the trial Judges’ findings regarding the filing date. The WCAB found that under the plain language of Labor Code §3600.5(h), the AB1309 amendments applied to all claims for benefits filed on or after 9/15/13. Since the applicant’s case was filed after 9/15/13, the WCAB held that AB1309 would apply. Furthermore, given the stipulation entered into at the time of trial that AB1309 would bar the applicant’s claim, the WCAB held the applicant’s claim was barred and he was to take nothing on his claim for benefits.
This is a very important case for Defendants as it could potentially wipe out and lead to the same result on hundreds of similarly filed sports claims.
For a copy of the full case, please click here.