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PanelRemanded

Bianucci, Michael

MICHAEL BIANUCCI, Applicant vs. TEXAS RANGERS; ANGELS BASEBALL LP; ACE AMERICAN INSURANCE, administered by SEDGWICK RIVERSIDE, Defendants

ADJ number: ADJ15824668
Decision date: Nov 6, 2024
District office: Santa Ana
WCJ: —
Claim administrator: Sedgwick Riverside (administering ACE American Insurance)
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: cumulative trauma (body parts not specified)

LC §3600.5LC §5305LC §5300LC §5301LC §5705LC §5500.5

Summary

Michael Bianucci, a professional baseball player who played for the Texas Rangers organization from 2008-2015 (including 170 games in Bakersfield, California during the 2009 and 2010 seasons), claimed a cumulative trauma injury and sought to establish WCAB subject matter jurisdiction. The WCJ found the contract was not formed in California but that California had a substantial interest because applicant was regularly working in the state. Defendants (Texas Rangers and Angels Baseball LP) contended they were exempt under Labor Code section 3600.5(c) and (d). On reconsideration on its own motion, the Board held that the threshold question of where the contract of hire was formed must be resolved first, because a California hire confers jurisdiction without reaching the 3600.5(c)/(d) exemption analysis. Finding the record unclear on contract formation, the Board rescinded the May 22, 2024 First Amended Findings of Fact and returned the matter to the trial level for further proceedings.

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.