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PanelDenied

Rohm, David

DAVID ROHM, Applicant vs. ATLANTA BRAVES; ACE AMERICAN INSURANCE, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number: ADJ1112802
Decision date: Nov 24, 2024
District office: Anaheim
WCJ: —
Claim administrator: Sedgwick Claims Management Services (administering for ACE American Insurance)
Commissioners: JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

LC §3600.5LC §5305LC §5500.5LC §5705LC §3202.5

Summary

Professional baseball player David Rohm filed a cumulative trauma claim in California against the Atlanta Braves (insured by ACE American, administered by Sedgwick). The WCJ found California had subject matter jurisdiction because Rohm was a California resident who executed his contract of hire at his parents' home in Clovis, CA on June 11, 2010, and that the forum selection clause was unenforceable. Defendant petitioned for reconsideration arguing that Labor Code section 3600.5(d) exempted it from California jurisdiction and was more specific than sections 3600.5(a) and 5305. The Board held that section 3600.5(d) applies only when no contract of hire was made in California, because it refers back to subdivision (c) which addresses athletes hired outside the state. Since at least one contract of hire was executed in California, subject matter jurisdiction exists, and the Board affirmed the July 30, 2019 F&O.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.