By Steven Stamps
The California Court of Appeals, Second Appellate District, upheld a decision of the Workers’ Compensation Appeals Board awarding workers’ compensation benefits to Durand Macklin, a former NBA player.
In 2011, Durand Macklin filed a California workers’ compensation claim for cumulative injury received during his NBA career. Macklin played for the Atlanta Hawks, New York Knicks, and Los Angeles Clippers between 1981 and 1984. Macklin never filed a workers’ compensation claim while playing in the NBA. Another NBA player advised him of possible workers’ compensation benefits in 2011 and Macklin filed a claim at that time. The claim was filed in California for cumulative trauma received during his NBA career.
The Knicks challenged California’s subject matter jurisdiction over the claim, arguing that there was an insufficient relationship between California and the claimed injuries. The Appeals Board affirmed the workers’ compensation award, concluding that the effect of Macklin’s work in the state while employed by the Clippers along with the effect of his work within the state while playing for other teams established more than a de minimis connection between the cumulative trauma injury and the state.
On appeal, the Knicks relied on the California court of appeals’ decision in Johnson, 221 Cal.App.4th 1116. In that case, the court held against a WNBA player who played in one game in California. The effect of that California game was found to be de minimis in regards to the cumulative trauma claim. The Knicks argued that Macklin played only one game and participated in three practice sessions for the team in California. The court found against the Knicks because Macklin played for a California team, the Clippers, for a period of the claimed cumulative trauma injury. The court held that Macklin’s contacts to California were more than de minimis and it affirmed the award of the workers’ compensation Appeals Board.
Steven M. Stamps is an associate for the Law Office of Ricky D. Green. A graduate of the University of Texas School of Law, Stamps is a frequent contributor to Sports Litigation Alert, especially in the area of workers compensation.
