What the panel ordered
Petition for Reconsideration granted; final decision deferred pending further review of merits and entire record.
Applicant seeks reconsideration of the Findings and Orders issued on August 15, 2023, which found no subject matter jurisdiction over the claimed injury. The WCJ recommended denial of the Petition for Reconsideration. The Appeals Board granted the Petition for Reconsideration and deferred 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 applicant satisfied the requirements of Labor Code section 3600.5(d) for subject matter jurisdiction based on his two-season career with an affiliate of a California-based team, contrary to the WCJ's finding of no jurisdiction.
From the decision · page 1Applicant seeks reconsideration of the Findings and Orders (F&O), issued on August 15, 2023, wherein the workers' compensation administrative law judge (WCJ) found that applicant, while employed as a professional athlete from June 1, 2010 to March 3, 2012, claims to have sustained industrial injury to the right arm, right elbow and right shoulders. The WCJ determined that applicant was not hired in California, and was not injured in California, and accordingly that there was no subject matter jurisdiction over the claimed injury.