What the panel ordered
Petition for Reconsideration denied by WCAB panel.
Petition for Reconsideration filed by defendants after WCJ decision on July 3, 2023, denying defendants' challenge to subject matter jurisdiction; WCAB panel denies the petition.
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 WCJ found the applicant credible and that the contract of hire was made in California, supporting reasonable exercise of jurisdiction under Labor Code 5305. The defendants' federal preemption argument was not raised timely and is rejected.
From the decision · page 8WHETHER THERE IS SUBJECT MATTER JURISDICTION OVER THIS CLAIM Labor Code § 5305 reads, in pertinent part, as follows:
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant was a resident of California at the time of the telephone call forming the contract of hire.
Favours Applicant prevailed