California WCABPanel decision

ADJ8627409 · February 18, 2025

Petition for Reconsideration granted; WCJ's finding that AIFSIF waived personal jurisdiction is affirmed, but entry of an award is deferred pending further proceedings on insurance and liability period under Labor Code section 5500.5.

Issues decided: 2
Medical opinions weighed: 0
Authorities named: 2
District office: Santa Ana

What the panel ordered

Petition for Reconsideration of the December 5, 2024 Findings and Award and Order, following prior remand and multiple hearings on personal jurisdiction and insurance coverage.

Read the official decision →

This docket was decided more than once. Shown here is the latest released decision; we also hold April 8, 2024.

What was disputed, and how it came out

Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.

Contribution / subrogationDeferred

The WCJ had previously deferred the issue of insurance coverage and liability period, and the record did not show it was revisited; thus, entry of an award is deferred pending further proceedings.

From the decision · page 11section 5500.5 is deferred. 12. The issue of insurance for the Miami Dolphins and

Jurisdiction / venue

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The facts that decided it

What the panel treated as outcome-determinative, and which side it favoured.

AIFSIF filed a Notice of Appearance on April 12, 2021, without indicating a special appearance to contest personal jurisdiction.

Favours Applicant prevailed

This conduct alone was sufficient to waive any objection to personal jurisdiction.

From the decision · page 8Here, AIFSIF's attorneys filed a Notice of Appearance on behalf of Summit, the administrator, on April 12, 2021. This Notice of Appearance contains no indication that Summit and therefore AIFSIF was appearing specially to contest personal jurisdiction. Strictly speaking, it appears that this conduct was sufficient, standing alone, to waive any objection to personal jurisdiction, despite the attorney's assertion three days later of the personal jurisdiction objection at the first hearing the attorney attended.

AIFSIF participated in the merits of the case for nearly two years before seeking adjudication of personal jurisdiction.

Favours Applicant prevailed

Such participation forfeited any objection to personal jurisdiction.

From the decision · page 8We need not rely on that admittedly harsh result, however, because even if AIFSIF did not waive personal jurisdiction by failing to assert it in the Notice of Appearance, AIFSIF's subsequent course of conduct forfeited any objection that might have been asserted. Specifically, despite asserting a lack of personal jurisdiction at the April 15, 2021 MSC, AIFSIF took no further action to assert its objection for example, filing a Petition to Dismiss until, at a minimum, the continued MSC date of June 2, 2021, when it listed "personal jurisdiction" on the PTCS as one of the issues for trial.

The WCJ had previously deferred the issue of insurance coverage and liability period, and the record did not show it was revisited before the award.

Favours neutral

Entry of an award must be deferred until these issues are resolved.

From the decision · page 11section 5500.5 is deferred. 12. The issue of insurance for the Miami Dolphins and

The rules the panel named

Authorities as the decision cited them, with how this panel applied each one.

Roy v. Superior Court (2005) 127 Cal.App.4th 337

A party waives any objection to the court's exercise of personal jurisdiction when the party makes a general appearance in the action.

Applied to find that AIFSIF's conduct constituted a general appearance and thus a waiver of personal jurisdiction objection.

From the decision · page 7It has long been the rule in California that "a party waives any objection to the court's exercise of personal jurisdiction when the party makes a general appearance in the action." (Roy v. Superior Court (2005) 127 Cal.App.4th 337, 341 (Roy); see also Dial 800 v. Fesbinder (2004) 118 Cal.App.4th 32, 52 [12 Cal. Rptr. 3d 711] [" ` "A general appearance operates as a consent to jurisdiction of the person...." [Citation.]' "].)

Code Civ. Proc., § 1014

A party makes a general appearance when they take any action that recognizes the authority of the court to proceed, including their attorney filing a notice of appearance, without first or concurrently stating a clear objection to proceeding based upon a lack of personal jurisdiction.

Applied to AIFSIF's filing of a Notice of Appearance without a special appearance.

From the decision · page 7In the civil context, Code of Civil Procedure section 1014 reads in part: "A defendant appears in an action when the defendant answers, demurs, files a notice of motion to strike, files a notice of motion to transfer pursuant to Section 396b, moves for reclassification pursuant to Section 403.040, gives the plaintiff written notice of appearance, or when an attorney gives notice of appearance for the defendant." (Code Civ. Proc., § 1014, emphasis added). This list is not exclusive; the operative question is whether "defendant takes a part in the particular action which in some manner recognizes the authority of the court to proceed." (Sanchez v. Superior Court (1988) 203 Cal. App. 3d 1391, 1397.) This inquiry is fact-specific and dependent on the particulars of each case. (Hamilton v. Asbestos Corp. (2000) 22 Cal.4th 1127, 1147.) Code of Civil Procedure section 418.10, meanwhile, provides that a party may file an answer, demurrer or motion to strike without making a general appearance, but only if it simultaneously or previously files a motion to quash service on the basis of lack of jurisdiction concurrently. (Code Civ. Proc., § 418.10(e)(3).)