WCAB

New York Knickerbockers v. Workers' Compensation Appeals Board

Good Law
193 Cal. Rptr. 3d 287·2015 Cal. App. LEXIS 869·240 Cal. App. 4th 1229·80 Cal. Comp. Cases 1141
Court of Appeal of CaliforniaOctober 1, 2015B262759California3,760 words

Opinion

Opinion

Mosk, J.

INTRODUCTION

Petitioner New York Knickerbockers (petitioner), a professional basketball team in the National Basketball Association (NBA), filed an unverified petition for a writ of review against the Workers’ Compensation Appeals Board (Appeals Board); Los Angeles Clippers; Atlanta Hawks; Insurance Company of North America, adjusted by ESIS; and Durand Macklin (Macklin), challenging what it refers to as the Appeals Board’s jurisdiction over a claim for accumulated injuries by Macklin, a former professional basketball player in the NBA from 1981 into 1984, for cumulative injuries. Relying on this court’s decision in Federal Ins. Co. v. Workers’ Comp. Appeals Bd. (2013) 221 Cal.App.4th 1116 [ 165 Cal.Rptr.3d 288 ] (Johnson), petitioner contends that in view of Macklin’s contact with California, application of California workers’ compensation law in this case would not be reasonable and thus would be a denial of due process.

We hold that Labor Code section 5954 and Code of Civil Procedure section 1069 require verification of a petition to review a decision of the Appeals Board. After oral argument, we granted petitioner’s request to file a verified petition. Thus,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.