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

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. 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The Workers' Compensation Appeals Board (WCAB) rescinded the finding of subject matter jurisdiction, determining that the applicant's contract of hire was concluded in North Dakota, not California, as per the written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. ADJ10789547
Regular
Mar 24, 2025

CLAYTON BELLINGER vs. SAN FRANCISCO GIANTS, et al.

The Workers' Compensation Appeals Board granted reconsideration in the case of Clayton Bellinger against San Francisco Giants. The case concerns a cumulative trauma claim and the applicability of Labor Code section 3600.5 subdivisions (c) and (d) regarding jurisdiction over professional athletes' claims. The Board rescinded the prior Findings and Order, concluding that Bellinger's claim would be barred unless he could establish a California hire. The matter was returned to the WCJ for further development of the record on this critical issue.

Labor Code section 3600.5cumulative traumaprofessional athleteSan Francisco GiantsCalifornia hiresubject-matter jurisdictionregular employmentoccupational diseaseduty dayscontract of hire
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. ADJ18315308
Regular
May 09, 2025

CURTIS MADDEN III vs. SEATTLE SEAHAWKS, VIVIAN EBERLE

The Workers' Compensation Appeals Board (WCAB) affirmed the decision that California has subject matter jurisdiction over Curtis Madden III's industrial injury claim against the Seattle Seahawks. The jurisdiction was established because Madden accepted a verbal offer of employment in California, creating a valid contract for hire under state law. The WCAB ruled that the claim is not preempted by federal labor law as its resolution does not require interpreting the Collective Bargaining Agreement. Minor amendments were made to the factual findings to clarify that injury was 'claimed' rather than 'sustained' and to conform the listed body parts.

WCABjurisdictioncollective bargaining agreementNFLNFLPALMRApreemptioncontract of hireprofessional athletesubject matter jurisdiction
References
Case No. ADJ9674694
Regular
Feb 02, 2016

RAMONDA WALKER vs. PETROCHEM INSULATION, INC., ACE AMERICAN INSURANCE COMPANY

This case concerns whether the California Workers' Compensation Appeals Board (WCAB) has jurisdiction over an applicant's claim for an injury sustained while working in Utah. The applicant, hired by a California-based company, argues California has jurisdiction because the company is based there, he paid California taxes, and he was directed to join a California union. However, the WCAB affirmed the finding that it lacked jurisdiction, as the applicant was hired and injured outside of California. The Board held that the location of the hiring and the injury are determinative for jurisdiction, not the employer's location or the applicant's tax payments.

JurisdictionContract of HireLabor Code § 5305Labor Code § 3600.5(a)WCABIndustrial InjuryPetrochem InsulationInc.Ramonada WalkerReconsideration
References
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. ADJ13061844
Regular
Dec 28, 2020

RON PETTWAY vs. TRILLIUM STAFFING SOLUTIONS, CORVEL CORPORATION

The Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinding a prior order that denied the defendant's request to compel the applicant's attendance at an in-person medical evaluation. The WCAB found that the administrative law judge improperly denied the petition solely due to the Shelter in Place Order. The Board clarified that emergency regulations permit medical-legal evaluations during the state of emergency and returned the matter to the trial level to determine if the evaluation could proceed under these regulations.

Workers' Compensation Appeals BoardPetition for RemovalMedical Legal EvaluationQualified Medical EvaluatorShelter in Place OrderLabor CodeCompel AttendanceRescind OrderReturn to Trial LevelTelehealth
References
Case No. ADJ11367534
Regular
Nov 19, 2020

, DAVID BRAY vs. , INTEL CORPORATION

This case concerns whether the California Workers' Compensation Appeals Board (WCAB) has jurisdiction over an applicant hired in California but injured while working entirely out-of-state. The WCAB initially found insufficient contacts to support jurisdiction but reconsidered this decision. Citing precedent including Labor Code sections 3600.5 and 5305, the WCAB held that being hired in California is a sufficient connection to justify exercising jurisdiction. Therefore, the prior order was rescinded, and the applicant's case can proceed in California.

JurisdictionSitus of EmploymentContract of HireSufficient ContactsIndustrial InjuryCumulative TraumaWorkers' Compensation Appeals BoardWCJReconsiderationFindings and Order
References
Case No. ADJ10069789 MF ADJ10069817 ADJ10069939
Regular
Feb 02, 2017

ANTHONY SMITH vs. TW TRANSPORTATION

In this workers' compensation case, the applicant was hired in California but signed an employment contract with a choice-of-law clause selecting Washington law and forum. The WCAB granted reconsideration, reversing the administrative law judge's prior order to adjudicate in Washington. The Board found that hiring in California is a sufficient connection to establish WCAB jurisdiction, superseding the choice-of-law clause due to California's strong public policy interest in workers' compensation claims. Therefore, the applicant's claims will be adjudicated in California.

WCABJurisdictionLabor Code Section 3600.5(a)Contract of HireForum Selection ClauseChoice of Law ProvisionReconsiderationFindings of FactMcKinley v. Arizona CardinalsPalma
References
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