New York Knicks Must Abide by California Worker LawBy Kenton Koszdin Law Office on December 20, 2015 | In Workplace Injury
In what has proved to be a complicated case, a California workers’ compensation appeals board determined that the New York Knicks are liable for injuries suffered by one of their former players in California.
The board affirmed an award determining that the Knicks are liable for cumulative trauma suffered by a former player even though some of that injury happened in California and not New York. The court determined the Knicks are partially liable for his cumulative trauma because they were his employer for a portion of his career.
This case involved the injuries suffered by Rudy Macklin, who played from 1981 to 1984. After two seasons with the Atlanta Hawks, Macklin was traded to the Knicks in 1984. After 8 games with the Knicks, he was forced to retire because of chronic muscle cramping. Under California law, liability is imposed for cumulative injuries wherever those injuries were suffered. The Knicks were liable even for the cumulative trauma the basketball player suffered while playing here in California. He was with the Knicks for three games in California.
But, those games were sufficient for the California workers’ compensation appeals board (WCAB) to claim jurisdiction over his cumulative trauma injury. The appeals board upheld that the WCAB had jurisdiction over the Knicks.
Another important issue that came up during the appeal was how long it took the retired professional ball player to file a claim. He filed for workers’ compensation benefits in August of 2011. Since he suffered the trauma back in the early 80s, his statute of limitations should have passed. But, he only became aware that his current physical impairments were a result of the cumulative trauma he suffered as a basketball player in June 2011. So, his statute of limitations to file for workers’ compensation benefits didn’t start until June 2011. He filed shortly thereafter.
Cumulative injuries typically lead to more complicated workers’ compensation cases than those involving a single accident or injury incident. If you are suffering from symptoms that may have resulted from injuries suffered over a period of time, do not hesitate to speak with an experienced Los Angeles workers’ compensation attorney to better understand your legal rights and options.
Kenton Koszdin Law Office has handled many workers’ compensation cases. We can help you. Contact us at (800) 438-7734.