N.Y. Knickerbockers v. WCABAnnotate this Case
Petitioner, a professional basketball team in the NBA, filed an unverified petition for a writ of review against the Appeals Boards and others, challenging what it refers to as the Appeals Board's jurisdiction over a claim for accumulated injuries by Durand Macklin, a former professional basketball player in the NBA, for cumulative injuries. 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. The court held 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, the court granted petitioner's request to file a verified petition. On the merits, the court held that California has a legitimate interest in an industrial injury when the applicant was employed by a California corporation and participated in other games and practices in California for non-California NBA teams, during the period of exposure causing cumulative injury. Therefore, subjecting petitioner to California workers' compensation law is reasonable and not a denial of due process. The court affirmed the decision of the Appeals Board.