I.       Coaches

 COURT FINDS IN FAVOR OF BASKETBALL COACH

  • Houston Comets v. WCAB, 78 Cal. Comp. Cases 1153 (Cal. App. 4th Dist. 2013) (Writ Denied) (Jessie Kenlaw)

 

    • California Court of Appeals case upholding decision providing a win for a basketball coach against the Houston Comets because her practices were physically demanding and contributed to wear and tear on her body.

 

II.       BaseballBenard v. San Francisco Giants, 2016 Cal. Wrk. Comp. P.D. LEXIS 85 (Cal. Wrk. Comp. P.D. 2016)

    • Case which gave a win to a player against the SF Giants and established that a player’s knowledge of the connection between his work duties and his disability is not evidence that the player knew of his or her workers’ compensation rights.

 

  • Cardinals v. WCAB, 74 Cal. Comp. Cases 77, 78 (Cal. App. Ct. 2008) (Writ Denied) (Pedro Guerrero)
      • California Court of Appeals case upholding decision providing a win for player against the Cardinals.

     

     

  • Pedro Guerrero v. Golden West Baseball, 2008 Cal. Wrk. Comp. P.D. LEXIS 863 (Cal. Wrk. Comp. P.D. 2008)

 

  • Yankees v. WCAB, 66 Cal. Comp. Cases 291, 293 (Cal. Ct. App. 2001) (Writ Denied) (John Montefusco)
      • California Court of Appeals case upholding decision providing a win for player against the Yankees.

     

 III.    Football

  • Turner v. Baltimore Ravens, 2013 Cal. Wrk. Comp. P.D. LEXIS 30, 2-3 (Cal. Wrk. Comp. P.D. 2013)
      • Case giving a win to a player over the Baltimore Ravens and finding that a 25% penalty was applicable for the defendant’s unreasonable delay in paying commuted Attorney’s Fees-Attorney’s Fees under Labor Code § 5814 and 5814.5 for more than six months after award of life pension for

     

 III.    Basketball

  • (Macklin v. Knicks) New York Knickerbockers v. WCAB, 240 Cal. App. 4th 1229 (Cal. App. 2d Dist. 2015)
      • One of the most important recent cases in favor of athletes giving a basketball player a win over the NY Knicks and established, inter alia, case law that allows for a player to win his case if he played for a California–based team, etc.
      • The case established the legal principle that if a player is employed by a California team at any time in the player’s career, that California employment gives California courts jurisdiction over the entire case – including jurisdiction over teams not located in California.

     

  • New Jersey Nets v. W.C.A.B., 71 Cal. Comp. Cases 859 (Cal. Ct. App. 2006) (Writ Denied) (Reggie Theus)
    • California Court of Appeals case upholding decision providing a win for player against the Nets. The Judge’s statements in favor of the player really emphasized why California Worker’s Compensation is important to athletes.  Judge Robert E. Drakulich wrote:

“All professional athlete cases are complicated, especially when measured by cases decided in the world of usual work injuries. Athletes are really the only part of the work force that are actually expected to have injuries and still perform their ‘usual and customary duties.’ Hasn’t every coach, at every level, used the phrase, ‘You have to play through your injuries.’ Doesn’t that ability separate us from champions?

Nowhere is this work ethic better seen than in professional basketball as played in the NBA. Nowhere is there a more demanding physical sport. The schedule is long, requiring travel, and performing in games three or four times a week. You just can’t hide injuries when you are required to run the floor for 30 or 40 minutes each game, and practice in between these games.

“With this scenario in mind, defendant tries to advance a theory that is just not supported by the facts. Reggie Theus had a knee injury very early in his career, and a back injury while playing for Orlando (all of this prior to his play for the Nets). Petitioner asserts that applicant never recovered from these injuries and never reached his potential, although he did develop into a “very good” player. What a classic understatement! Only one player in NBA history has more points and assists than Reggie Theus and that is Oscar Robertson. He is 34th on the all-time point scored list, and 18th on the all-time assist list. He was an All-Star as a point guard twice (despite playing on very poor teams and competing at point guard for media recognition with Magic Johnson). He was runner-up for Rookie of the Year. He scored 19,000 plus points. For all of this he only gets a “very good” and “did not reach his potential because of injuries” from petitioner! The fact is that the career of Mr. Theus shows that he more than met every expectation, under any reasonable standard, including those of the Nets, where he led his team with an 18.6 points per game average. This continued performance belies any claim that he was injured or disabled prior to the Nets. The petitioner failed to show the Court how that purported disability manifested itself on the Court with the Nets. He passed their physical. He played the entire season. He averaged more points than anyone on the team. Where is the disability? I don’t see it. He had pain, but where did that cause disability? This is defendant’s burden to show, and they simply did not meet that burden.”

  • Detroit Pistons v. WCAB, 80 Cal. Comp. Cases 1073 (Cal. App. 4th Dist. 2015) (Writ. Denied) (Derrick Coleman)
      • California Court of Appeals case upholding decision providing a win for player against the Pistons and finding that 49 games played in California was sufficient to confer jurisdiction

     

     

  • New York Knickerbockers v. WCAB, 78 Cal. Comp. Cases 1178 (Cal. App. 4th Dist. 2013) (Writ Denied) (Jerome Williams) (finding that 24 games played in California was sufficient to confer jurisdiction)
      • California Court of Appeals case upholding decision providing a win for player against the Knicks and finding that 24 games played in California was sufficient to confer jurisdiction

     

     

  • Shelton v. Cavaliers, 2008 Cal. Wrk. Comp. P.D. LEXIS 876 (Cal. Wrk. Comp. P.D. 2008)
      • Finding the Cavaliers directly responsible for a players claim because it did not properly secure worker’s compensation insurance.

     

     

  • Milwaukee Bucks v. WCAB, 78 Cal. Comp. Cases 1173 (Cal. App. 4th Dist. 2013) (Writ denied) (Derrick Mason)
      • California Court of Appeals case upholding decision providing a win for player against the Bucks

     

     

  • Toronto Raptors v. WCAB, 78 Cal. Comp. Cases 1188 (Cal. App. 4th Dist. 2013) (Writ denied) (Greg Foster)
      • California Court of Appeals case upholding decision providing a win for player against the Raptors

     

     

  • Portland Trailblazers v. WCAB, 72 Cal. Comp. Cases 154, 155 (Cal. Ct. App. 2007) (Writ Denied)
    (Ennis Whatley)

      • California Court of Appeals case upholding decision providing a win for player against the Raptors

     

     

  • Houston Rockets, PSI v. W.C.A.B., 71 Cal. Comp. Cases 1646 Cal. Ct. App. 2006) (Writ Denied) (Ed Ratleff)
      • California Court of Appeals case upholding decision providing a win for player against the Rockets

     

     

  • New Jersey Nets v. W.C.A.B., 71 Cal. Comp. Cases 1001 (Cal. Ct. App. 2006) (Writ Denied) (Xavier McDaniel)
      • California Court of Appeals case upholding decision providing a win for player against the Nets

     

     

  • Boston Celtics v. W.C.A.B., 71 Cal. Comp. Cases 1003 (Cal. Ct. App. 2006) (Writ Denied) (Dirk Minniefield)
      • California Court of Appeals case upholding decision providing a win for player against the Celtics

     

     

  • Golden State Warriors v. W.C.A.B., 71 Cal. Comp. Cases 327 (Cal. Ct. App. 2006) (Writ Denied) (Jeffrey Grayer)
      • California Court of Appeals case upholding decision providing a win for player against the Warriors