Travelers Indemnity Co. v. New Orleans Louisiana Saints, L.L.C.

MEMORANDUM

The Travelers Indemnity Company (Travelers) filed an action against the New Orleans Louisiana Saints (Saints) for reimbursement, subrogation, and indemnity related to a workers’ compensation claim that Travelers settled on behalf of an insured, the Kansas City Chiefs. In its complaint, Travelers alleged that an injured football player, Jim Rourke, played for both the Saints and the Chiefs during the last year of his exposure to a cumulative injury. Travelers prayed for “that portion of the settlement ... which represents the percentage of time that Mr. Rourke was employed by the Saints during his last year of injurious exposure,” damages under a subrogation theory, and equitable indemnity. The district court dismissed the claims on the grounds that the California Workers’ Compensation Appeals Board (WCAB) had exclusive jurisdiction over the dispute. It also declined to hear Travelers’ declaratory judgment action and denied leave to amend. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

1. California’s workers’ compensation statute confines recovery of benefits for a cumulative injury to the employer that employed the employee during the last year of…