JEFFREY CIRILLO, Applicant vs. ARIZONA DIAMONDBACKS; MINNESOTA TWINS; SAN DIEGO PADRES; SEATTLE MARINERS; MILWAUKEE BREWERS, INSURED BY ACE, ADMINISTERED BY SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants
ADJ number
ADJ10373424
Decision date
Oct 3, 2024
District office
Santa Ana
WCJ
—
Claim administrator
Sedgwick Claims Management Services (for Ace American Insurance Company/CHUBB)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER
Jeffrey Cirillo, a professional baseball player, claimed a cumulative trauma injury spanning his career (June 5, 1991 to October 1, 2007) with multiple out-of-state MLB teams. The WCJ found California subject matter jurisdiction, injury AOE/COE, that the claim was not barred by the statute of limitations, and that applicant complied with medical-legal procedures, while deferring permanent disability. Defendant (Ace/CHUBB, administered by Sedgwick) sought reconsideration challenging jurisdiction under section 3600.5(b), the section 5412 date of injury, the substantiality of treating physician reporting, and the development of the record. The Board granted reconsideration solely to amend the section 5412 date of injury to a single date (May 16, 2016, the date of Dr. Fonseca's initial report) rather than a range, but otherwise affirmed the F&O, holding that a California contract of hire confers WCAB jurisdiction and obviates the section 3600.5(c) and (d) exemption analyses.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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