What the panel ordered
Petition for reconsideration denied.
Petition for reconsideration filed by Defendant California Insurance Guarantee Association (CIGA) challenging WCJ's Findings of Fact of January 27, 2022, regarding cumulative injuries sustained by applicant.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Both reporting physicians opined that applicant sustained two separate cumulative injuries, and there was no medical evidence to rebut these uncontroverted opinions. The WCJ's factual findings on this issue were upheld.
From the decision · page 1Defendant California Insurance Guarantee Association (CIGA) seeks reconsideration of a workers' compensation administrative law judge's (WCJ) Findings of Fact of January 27, 2022 wherein it was found that while employed as a professional gridiron football player applicant sustained two separate cumulative injuries. The WCJ found "The first cumulative trauma injury is for the period June 15, 1975 through November 10, 1979 while applicant was employed by the [Los Angeles] Rams and the second cumulative trauma injury is for the period April 29, 1983 through the 1984 season while applicant was employed by the Washington Federals and the Houston Gamblers." The only issue for adjudication at trial was whether applicant sustained one or two periods of cumulative injury. (Minutes of Hearing and Summary of Evidence of August 16, 2021 trial at p. 2.)