ADJ9990732 — California WCAB decision

What the panel ordered

WCJ's finding of jurisdiction affirmed; claim may be brought in California based on hire in California by the 49ers

Petition for Reconsideration granted to study jurisdictional issues; WCJ's September 8, 2017 Findings of Fact, Decision & Orders affirmed

Read the official decision →

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.

Jurisdiction / venueApplicant prevailed

Applicant was hired in California by the 49ers, which establishes sufficient connection for California jurisdiction over the claim; defendant failed to prove that exemptions under subdivisions (c) and (d) applied to applicant's last two employers; lack of personal jurisdiction does not exempt substantive workers' compensation law application.

From the decision · page 9Accordingly, we will affirm the WCJ's finding of jurisdiction.

The facts that decided it

What the panel treated as outcome-determinative, and which side it favoured.

Applicant was hired in California by the San Francisco 49ers and accepted the contract in California

The rules the panel named

Authorities as the decision cited them, with how this panel applied each one.

California Labor Code

Labor Code section 3600.5 subdivisions (c) and (d)

Defines exemptions for professional athletes' cumulative trauma claims and conditions for California jurisdiction

California Labor Code

Labor Code section 3600.5 subdivision (a)

Establishes jurisdiction for employees hired or regularly working in California for injuries outside the state

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, subdivision (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 cases where the injured employee is a resident of this state at the time of the injury and the contract of hire was made in this state." (§ 5305.)2

California Labor Code

Labor Code section 5305

Jurisdiction over injuries outside California when contract of hire was made in 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, subdivision (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 cases where the injured employee is a resident of this state at the time of the injury and the contract of hire was made in this state." (§ 5305.)2

ADJ9990732 · March 9, 2021

What the panel ordered

What was disputed, and how it came out

The facts that decided it

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The rules the panel named

What proof carried it

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