What the panel ordered
Petition for Reconsideration is granted; final decision after reconsideration is deferred pending further review of the merits and the entire record.
Applicant seeks reconsideration of the Findings and Order issued on January 19, 2024, which found the claim barred by Labor Code section 3600.5(d) and lack of subject matter jurisdiction; the WCJ recommended denial of reconsideration; the Appeals Board grants reconsideration and defers final decision pending further review.
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.
The Appeals Board found that the WCJ's initial denial based on section 3600.5(d) was premature and granted reconsideration to further review the merits and the entire record, deferring final decision.
From the decision · page 1Applicant seeks reconsideration of the Findings and Order (F&O) issued on January 19, 2024, wherein the workers' compensation administrative law judge (WCJ) found that applicant, while employed from June 1, 1987, through October 1, 2002, as a professional baseball player, claims to have sustained injury arising out of and in the course of employment to his head, neck, legs, shoulders, elbows, wrists, hands, fingers, back, knees, ankles, feet, toes, and injury in the form of sleep and nervous system while employed by the Los Angeles Dodgers from June 3, 1987, to October 15, 1993; the Seattle Mariners from February 18, 1994 to May 13, 1995; the Montreal Expos from May 17, 1995 to October 15, 1996; the Philadelphia Phillies from November 21, 1996 to September 30, 1998; the Pittsburgh Pirates from February 16, 1999 to April 5, 2000; and the Mexican League from 2000 to 2002. The WCJ found that applicant's claim is barred by section 3600.5, subdivision (d), and that the court lacked subject matter jurisdiction over the claimed injury.