What the panel ordered
Petition for Reconsideration granted; final decision deferred pending further review of merits
Petition for Reconsideration granted; final decision deferred pending further review of merits
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 granted reconsideration to further study whether meeting the elements in Labor Code section 3600.5(d)(1)(A) and (B) alone is sufficient to establish subject matter jurisdiction in California, deferring final decision pending further review.
From the decision · page 2The issue submitted for decision was: Does California have subject matter jurisdiction over applicant's claim of cumulative traumatic injury?
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant did not play regularly, temporarily or otherwise within California during the claimed cumulative traumatic injury period.
Favours Defendant prevailed
This fact is central to the jurisdictional issue whether California has subject matter jurisdiction over the claim.
From the decision · page 24. Applicant did not play regularly, temporarily or otherwise within the State of California during any portion of his claimed cumulative traumatic injury
Applicant met the elements in Labor Code section 3600.5(d)(1)(A) and (B) regarding professional athlete's work for California-based teams and duty days.
Favours Applicant prevailed
This fact supports the applicant's contention for subject matter jurisdiction under the exceptions in the statute.
From the decision · page 5ion insurance or similar laws of the other state, and other remedies under those laws, shall be the exclusive remedy against the employer for any occupational disease or cumulative injury, whether resulting in death or not, received by the employee while working for the employer in this state. (3) A professional athlete shall be deemed, for purposes of this subdivision, to be temporarily within this state doing work for his or her employer if, during the 365 consecutive days immediately preceding the professional athlete's last day of work for the employer within the state, the professional athlete performs less than 20 percent of his or her duty days in California during that 365-day period in California.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code
Labor Code section 3600.5(d)
Applied to determine subject matter jurisdiction for professional athlete's cumulative trauma injury claim.
Labor Code
Labor Code section 3600.5(a)
Referenced regarding jurisdiction over injuries outside California.
From the decision · page 4In addition to injuries occurring in California, the WCAB can also assert subject matter jurisdiction over injuries occurring outside this state in certain circumstances. Section 3600.5(a) states: "If an employee who has been hired or is regularly working in the state receives personal injury by accident arising out of and in the course of employment outside of this state, he or she, or his or her dependents, in the case of his or her death, shall be entitled to compensation according to the law of this state." (§ 3600.5(a).) Similarly, section 5305 states: "The Division of Workers' Compensation, including the administrative director, and the appeals board have jurisdiction over all controversies arising out of injuries suffered outside the territorial limits of this state in those
Labor Code
Labor Code section 5305
Referenced regarding jurisdiction over injuries outside California.
From the decision · page 4In addition to injuries occurring in California, the WCAB can also assert subject matter jurisdiction over injuries occurring outside this state in certain circumstances. Section 3600.5(a) states: "If an employee who has been hired or is regularly working in the state receives personal injury by accident arising out of and in the course of employment outside of this state, he or she, or his or her dependents, in the case of his or her death, shall be entitled to compensation according to the law of this state." (§ 3600.5(a).) Similarly, section 5305 states: "The Division of Workers' Compensation, including the administrative director, and the appeals board have jurisdiction over all controversies arising out of injuries suffered outside the territorial limits of this state in those
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
- The injured worker is not named here, and the case caption is not printed. Physicians appear as the decision names them, because a medical opinion is an act in a public proceeding.
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