What the panel treated as outcome-determinative, and which side it favoured.
Applicant was employed by the Arizona Cardinals from January 7, 2009, through September 3, 2011, exceeding the six-month employment requirement under Labor Code section 3208.3(d)
Favours Applicant prevailed
This employment duration meant the psychiatric injury claim was not barred by section 3208.3(d), allowing the claim to proceed.
From the decision · page 2Applicant claimed injury to his head, neck, back, shoulders, elbows, wrists, hips, knees,
ankles, feet, and toes, to his psyche, neurological system, and internal parts, and in the form of
sleep disorder, while employed as a professional football player by various teams during the period
from September 12, 2005, through September 1, 2011; his employers included the Oakland
Raiders (Raiders) from May 3, 2007, through August 21, 2007, and the Arizona Cardinals
(Cardinals) from January 7, 2009, through September 3, 2011. (See Def. Exh. A, NFL Transaction
Record; Def. Exh. B, NFL Game Logs; see also, Answer, p. 2.) Applicant filed a Petition for
Joinder of the Cardinals on April 7, 2014, and counsel for the Cardinals appeared at the May 19,
2014 conference.
Cognitive disorder is distinct from psychiatric injury and not subject to the bar under Labor Code section 3208.3(d)
Favours Applicant prevailed
This distinction allowed the applicant's cognitive disorder claim to proceed independently of the psychiatric injury bar.
From the decision · page 4Further, it is important to note that cognitive disorders are a type of mental health disorders
that primarily affect learning, memory, perception, and problem solving. Neuropsychology is a
branch of psychology that focuses on how a person's cognition and behavior are related to the
brain/nervous system. Neuropsychologists often focus on how injuries or illnesses of the brain
affect cognitive and behavioral functions and they conduct evaluations to characterize behavioral
and cognitive changes resulting from central nervous system disease or injury. (See the Merriam-
Webster Medical Dictionary.) Thus, it appears that applicant's claim of injury in the form of
cognitive disorder is separate and distinct from the psychiatric injury claim and in turn is not
subject to the provisions of section 3208.3.
QME Dr. Shalom recommended a neuropsychological evaluation to address applicant's cognitive impairment, which is outside his expertise
Favours Applicant prevailed
The recommendation supported the need for further medical-legal examination by a neuropsychologist, influencing the decision to rescind the prior order and allow further proceedings.
From the decision · page 2On September 18, 2017, QME Dr. Shalom evaluated applicant. Dr. Shalom examined
applicant, took a history, and reviewed the medical record. The diagnoses included "Post traumatic
headache" and Dr. Shalom noted: