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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ 10341584, ADJ 10341594
Regular
Aug 26, 2016

JON SLAGLE vs. KASCO CORPORATION, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision denying jurisdiction over out-of-state injuries. The WCAB found jurisdiction exists because the applicant's contract of hire was made in California, even though the injuries occurred in Alabama. This conclusion is based on Labor Code section 5305, which grants jurisdiction when the contract of hire is made in California, and the residency requirement has been deemed unconstitutional. Therefore, the WCAB has jurisdiction over the applicant's claims for compensation.

WCAB jurisdictionLabor Code section 5305contract of hireout of state injuryPetition for ReconsiderationFindings of FactReport and Recommendationresidency requirementunconstitutionaloral contract
References
Case No. ADJ10220275
Regular
Mar 03, 2020

Troy Kropog vs. New York Giants, Tennessee Titans, Jacksonville Jaguars, Minnesota Vikings, Washington Redskins, Great Divide Insurance Company, Berkley Entertainment

The Workers' Compensation Appeals Board denied reconsideration of a decision that lacked California jurisdiction over the applicant's claim. The applicant, a professional football player, failed to establish that a contract for hire was formed in California, despite his agent residing and signing contracts there. The Board upheld the WCJ's finding that the agent lacked the authority to bind the applicant to a contract without the applicant's own execution. Consequently, the applicant did not meet his burden of proof for California jurisdiction.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibility determinationsGarza v. Workmen's Comp. Appeals Bd.California jurisdictioncontract for hireKenny ZuckermanStandard Representation Agreement (SRA)Contract Advisor authorityplayer contract execution
References
Case No. ADJ4213301 (ANA 0398168)
Regular
Apr 01, 2015

REGGIE STEPHENS vs. NASHVILLE KATS, GREAT DIVIDE INSURANCE COMPANY, KANSAS CITY CHIEFS, TIG INSURANCE COMPANY

The Appeals Board affirmed the finding that the applicant was hired in California, establishing jurisdiction for workers' compensation claims under Labor Code sections 3600.5(a) and 5305. The Board found that accepting an employment offer by telephone in California constituted hiring, regardless of subsequent contract signing elsewhere. This hiring connection was deemed sufficient to support jurisdiction, overriding contractual choice-of-law provisions that conflicted with California's public policy protecting workers' compensation rights. The case was returned for further proceedings consistent with this decision.

Workers' Compensation Appeals BoardWCABcumulative industrial injuryoral contract of hirechoice of law provisionjurisdictioncontract of hireconditions subsequentforum selection clausepublic policy
References
Case No. ADJ9380444
Regular
May 03, 2017

CRANCE CLEMONS vs. INDIANAPOLIS COLTS, TRAVELERS INDEMNITY COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and reversed the Administrative Law Judge's (ALJ) decision, finding jurisdiction over the applicant's claim. The WCAB determined that the applicant, a professional football player, was hired in California because his agent, located in California, accepted the employment offer on his behalf. This acceptance, despite the contract being signed in Texas, established jurisdiction under Labor Code sections 3600.5(a) and 5305. The dissent argued that the record did not sufficiently establish the agent's location in California at the time of acceptance, thus precluding WCAB jurisdiction.

Workers' Compensation Appeals BoardCrance ClemonsIndianapolis ColtsTravelers Indemnity CompanyADJ9380444Opinion and Decision After ReconsiderationLabor Code section 3600.5Labor Code section 5305contract of hirehired in California
References
Case No. ADJ9531454 MF ADJ9531455
Regular
Dec 03, 2018

MOHAMMAD MORADI vs. NORTHWEST COLORADO TRANSPORT, LLC

The Workers' Compensation Appeals Board (WCAB) rescinded the finding of subject matter jurisdiction, determining that the applicant's contract of hire was concluded in North Dakota, not California, as per the written employment agreement signed there. Consequently, the WCAB lacks jurisdiction under Labor Code sections 3600.5(a) and 5305, which require the contract of hire to be made in California for out-of-state injuries. The WCAB's decision was influenced by the appellate court's ruling in *Tripplett*, which emphasized that a written employment contract signed out-of-state supersedes earlier oral agreements for jurisdictional purposes. As a result, the applicant will take nothing on his claims.

Workers' Compensation Appeals BoardSubject Matter JurisdictionPersonal JurisdictionContract of HireConditions SubsequentGeneral AppearanceWaiverLabor Code Section 5305Industrial InjuryNorth Dakota
References
Case No. ADJ7045808
Regular
Jan 22, 2014

Ernest Conwell vs. New Orleans Saints, Louisiana Workers' Compensation Corp.

This case involves a professional athlete claiming industrial injury sustained between 1996 and 2007. The defendant contested California Workers' Compensation Appeals Board (WCAB) jurisdiction due to a forum selection clause in the employment contract designating Louisiana as the exclusive forum. The WCAB rescinded the initial award and remanded the case for further development of the record. This is to allow reconsideration of the *McKinley* decision regarding mandatory forum selection clauses and the connection to California, particularly concerning contract formation.

WCABjurisdictionforum selection clauseemployment contractprofessional athleteindustrial injurypermanent disabilityapportionmentcontract of hireagent
References
Case No. ADJ6585876
Regular
Aug 27, 2014

VICENTE JACKSON vs. NORTHRUP GRUMMAN CORPRATION, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

This case concerns applicant Vicente Jackson's claim for cumulative trauma injury sustained while employed by Vought Aircraft in Georgia and Florida. The Workers' Compensation Appeals Board denied reconsideration, affirming the administrative law judge's finding of no subject matter jurisdiction. The Board found insufficient evidence that Vought's employment of Jackson constituted a continuation of his original California employment contract with Northrup. Acceptance of a new job offer in Florida from Vought created a new employment contract, superseding any prior California contract.

Workers' Compensation Appeals BoardNorthrup GrummanInsurance Company of the State of PennsylvaniaVicente Jacksoncumulative traumasubject matter jurisdictioncontract of hireVought Aircraftoral employment contractservice credit
References
Case No. ADJ9095473
Regular
Mar 24, 2023

EVAN MOORE vs. CLEVELAND BROWNS, SEATTLE SEAHAWKS, PHILADELPHIA EAGLES, GREEN BAY PACKERS, GREAT DIVIDE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted petitions for reconsideration filed by the Cleveland Browns and Great Divide Insurance Company. The Board's prior decision finding California jurisdiction based on a contract of hire formed in California was vacated. The Board determined the existing record was insufficient to definitively establish the location of contract formation and the agent's authority. The case is returned to the WCJ for further proceedings to develop the record on jurisdiction, contract formation, and potential exemptions.

California jurisdictioncontract of hirereconsiderationpetitionfindings of factoral contractfederal preemptionagency authorityintegration clauseliability exemptions
References
Case No. ADJ6711454
Regular
May 23, 2016

EDWARD GUTIERREZ vs. CITY OF SANTA ANA

The Workers' Compensation Appeals Board (WCAB) affirmed a prior decision denying jurisdiction over a lien dispute between Western Medical Center and the City of Santa Ana. The WCAB found that an interlocking chain of contracts between the medical provider and the employer/insurer, referencing Labor Code Section 5304, created an "express agreement" fixing medical treatment rates. This agreement divested the WCAB of jurisdiction, and Labor Code Section 5307.11 did not grant jurisdiction when it was otherwise excluded by Section 5304.

Workers' Compensation Appeals BoardLien DisputeJurisdictionLabor Code Section 5304Labor Code Section 4609Labor Code Section 5307.11Express AgreementContracted RateMedical TreatmentParticipating Hospital Agreement
References
Case No. ADJ7597520
Regular
Sep 09, 2014

MAZIO ROYSTER vs. NFL EUROPE, TIG SPECIALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed a prior ruling that it has jurisdiction over an applicant's injury claim against NFL Europe. This decision was based on the finding that the applicant's contract of hire was formed in California, even though the injury occurred out-of-state. The Board also held that any forum selection clause in the contract would not be enforced as it contravenes California public policy favoring workers' compensation rights when the contract of hire is made within the state. The WCAB's reasoning relied heavily on statutory provisions and case law establishing California's jurisdiction when the contract formation occurs in California.

WCABNFL EuropeTIG Specialty Insurance CompanyZenith Insuranceindustrial injuryprofessional athletecontract of hireforum selection clausejurisdictionpublic policy
References
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