Bianucci, Michael

Professional baseball player Michael Bianucci filed a cumulative trauma claim, asserting California WCAB jurisdiction based on having played 170 games in Bakersfield over the 2009 and 2010 seasons while in the Texas Rangers organization. The WCJ found that although the employment contract was not formed in California, the state had a substantial interest in jurisdiction because applicant regularly worked here under Labor Code section 3600.5(a). On August 5, 2024, the Board affirmed (amending the findings only to note it was unclear where the contract was formed). After defendants filed a Petition for Writ of Review arguing the exemptions in sections 3600.5(c) and (d) bar the claim, the Board granted reconsideration on its own motion under sections 5900(b) and 5911. The Board deferred a final decision after reconsideration pending further review of the merits and possible further development of the record on where the contract was formed.