Author Archives: Cory A. DeCresenza

Ex-NFL Linebacker’s Workers’ Compensation Claim Proceeds On Basis of Two Games Played in California

As an example of the type of claim likely meant to be curtailed by AB 1309 (previously discussed here), the claim of a former Carolina Panthers/Cleveland Browns linebacker continues to process its way through the California workers’ compensation system. In his claim, ex-NFL linebacker Tarek Saleh alleged that he sustained multiple injuries while employed as a football player for the Carolina Panthers between May 1997-February 1999 and for the Cleveland Browns from February 1999-January 2002. When Saleh was traded to the Browns,…

Continue Reading....

What Are the Potential Effects of the Northwestern NLRB Decision on New York Compensation Claims?

Prior entries to Goldberg Segalla’s Sports and Entertainment Law Insider blog have discussed in detail some of the legal and practical issues for college football programs made by the recent National Labor Relations Board (NLRB) decision regarding Northwestern University football players. (Recent blog entries have analyzed the ramifications on university athletic programs and student-athletes, as well as the responses of coaches and players.) In addition to the civil liability issues discussed in those articles, particularized problems would arise in the workers’ compensation context…

Continue Reading....

New York Task Force on Jockey Health and Safety to Make Recommendations in March 2014

The New York Task Force on Jockey Health and Safety, formed in 2013, was created to “assess, investigate and research issues involving safety and health of jockeys who regularly race at the Thoroughbred racetracks in New York State.”  The task force, comprised of seven Governor-appointees includes various professionals from the racing industry, including attorneys, jockeys, and risk management professionals and is tasked to evaluate the current status of jockey benefits, including “health, life, disability, pension, or other similar benefits” and how the racing industry can…

Continue Reading....

Workers’ Compensation Claim from the Fringe (of the Premises): Harrah’s Atlantic City Liable for Claim At Very Edge of Property

Per a January 17, 2014 decision of the Appellate Division of the Superior Court of New Jersey, Harrah’s Atlantic City (Harrah’s) is liable for a claim occurring at the very outskirts of its property. The undisputed facts of the claim are that Ms. Burdette, a casino dealer for Harrah’s, finished her shift on September 19, 2012. During the course of her exit from the property, she drove her vehicle along a Harrah’s internal driveway and through a Harrah’s security gate, but her vehicle was struck…

Continue Reading....

“Cumulative Trauma” California Claim Dismissed by California Court of Appeal

As detailed in prior articles, click here, California has very recently passed litigation in the form of Assembly Bill 1309 an attempt to stem the tide of “cumulative trauma” type claims that have been filed in California by current or former athletes with little or no connection to that state. Although AB 1309 is not discussed in the December 2013 decision of the Court of Appeal of California, Second Appellate District in the claim of a former WNBA professional, it is clear that California…

Continue Reading....

AB 1309 Signed Into Law: New Bar Officially Raised Against “Cumulative Trauma” Type Claims in California

In prior articles (see “Closing the California Workers’ Compensation Loophole: AB 1309 Awaits Governor’s Signature” and “Stemming the California Workers’ Compensation “Gold Rush”: AB 1309”), we have been tracking the status of controversial Assembly Bill 1309, a bill introduced in order to halt “cumulative trauma” claims filed by current or former athletes from across several professional leagues who may have had limited playing time in the State of California, but have filed claims there in order to take advantage of its more-lenient workers’ compensation…

Continue Reading....

Closing the California Workers’ Compensation Loophole: AB 1309 Awaits Governor’s Signature

In a previous article (“Stemming the California Workers’ Compensation ‘Gold Rush’: AB 1309”) we previously covered the California’s legislature’s attempt to crack down on “cumulative trauma” type injuries being filed by former sports players who have spent the majority of their careers playing for non-California based teams or who have played a handful of games in California for other teams.  Supporters of the bill have maintained that it will curtail attempts by athletes with little or no connection to the state of California…

Continue Reading....

Former Steelers Player Loses Appeal for Workers’ Compensation Benefits in Pennsylvania

On August 29, 2013, the Commonwealth Court of Pennsylvania ruled against former Pittsburgh Steelers player Ainsley T. Battles in a claim for workers’ compensation benefits based on a ruling that Battles’ injury did not result in a compensable loss of earnings. The Steelers signed Battles to a one-year contract in 2004-2005, however, his season unfortunately ended during Week One when claimant tore his left hamstring.  The team physician, Dr. James Bradley, performed surgery three days after the injury and Battles underwent a lengthy period of…

Continue Reading....

Stemming the California Workers’ Compensation “Gold Rush”: AB 1309

As the Sports and Entertainment Law Insider has detailed in a prior article, California remains a popular site for current or former professional athletes to file workers’ compensation claims with its relaxed rules on the filing of cumulative trauma-type claims.  However, this may be coming to an end shortly. As recently estimated by Gary Toebben, President and CEO of the Los Angeles Area Chamber of Commerce, 4,500 claims have been filed with up to another 5,000 claims pending, resulting in nearly $750 million in…

Continue Reading....

State of Arizona Requires “Temporary Workers” To File Workers’ Compensation Claims in Arizona

On April 3, 2013, the Governor of Arizona, Jan Brewer, approved Senate Bill 1448 drastically limiting the ability of workers who “temporarily” work outside of Arizona to file claims in other jurisdictions. In relevant part, SB 1148 provides that workers employed in Arizona who “temporarily leave[] this state incidental to th[eir] employment” and are injured must file their workers’ compensation claim in the state of Arizona.  A worker is deemed “temporarily” in another state if the claimant has done work for fewer than 90 continuous…

Continue Reading....