Ohman, William

Applicant William Ohman, a professional baseball player employed by multiple MLB teams from 1998 to 2013, sought reconsideration of a WCJ's Findings and Order that found no California subject matter jurisdiction over his cumulative trauma claim under Labor Code section 3600.5. The WCJ had found that applicant's agent could not bind him to employment agreements and that applicant failed to establish 20 percent of his duty days were in California per section 3600.5(c). On reconsideration, the WCAB panel found that applicant's unrebutted, credible testimony established he signed at least two contracts (with the Chicago Cubs in 1998 in Menlo Park and with the Los Angeles Dodgers at Dodger Stadium) while physically located in California. The Board held that the formation of a California contract of hire under sections 3600.5(a) and 5305 confers subject matter jurisdiction and obviates the duty-days analysis under subdivisions (c) and (d). The Board rescinded the F&O, substituted findings that the WCAB has jurisdiction, deferred all other issues, and remanded to the trial level.