WCPanelIQ
PanelDenied

Mercado Zapata, Orlando

ORLANDO MERCADO ZAPATA, Applicant vs. ARIZONA DIAMONDBACKS, LOS ANGELES DODGERS, LOS ANGELES ANGELS insured by ACE AMERICAN INSURANCE COMPANY/ CHUBB, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number
ADJ14405690
Decision date
Date unavailable
District office
Santa Ana
WCJ
David H. Parker
Claim administrator
Sedgwick Claims Management Services (administering for ACE American Insurance Company/Chubb)
Commissioners
—

Injury / body parts: upper extremities, trunk, lower extremities, body system (not specified), multiple body parts (more than five major body parts)

LC §3600.5LC §5305LC §3357LC §5909LC §5900

Summary

Orlando Mercado Zapata, a professional baseball player, alleged a cumulative trauma injury during his career (July 2003 through December 2012) while employed by multiple teams including the Arizona Diamondbacks, Los Angeles Dodgers, and Los Angeles Angels. Defendants challenged WCAB subject matter jurisdiction, asserting exemption under Labor Code section 3600.5 because applicant was allegedly hired and injured outside California. After a three-day trial, the WCJ found subject matter jurisdiction over the cumulative trauma claim and held defendants failed to prove the section 3600.5 exemption, primarily because applicant credibly testified he signed his Angels contract in California and was employed by two California teams during the CT period. The WCAB denied reconsideration, adopting and incorporating the WCJ's report and opinion, giving great weight to the WCJ's credibility determinations under Garza. The Board also addressed the timeliness of its decision under amended Labor Code section 5909, finding it acted within 60 days of transmission.

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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