WCPanelIQ
PanelDenied

Pettibone, Jonathan

JONATHAN PETTIBONE, Applicant vs. HARD HITTIN BASEBALL, LLC, doing business as THE NEW BRITAIN BEES, and THE CHICAGO CUBS, AND THE PHILADELPHIA PHILLIES, and ACE INSURANCE COMPANY BY SEDGWICK, and LIBERTY MUTUAL INSURANCE COMPANY, Defendants

ADJ number
ADJ11698784
Decision date
Date unavailable
District office
Van Nuys
WCJ
G. Ronald Feenberg (Arbitrator)
Claim administrator
Liberty Mutual Insurance Company; Sedgwick (for ACE Insurance Company)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER
LC §112LC §115LC §3600.5LC §4709LC §5270LC §5271LC §5272LC §5273LC §5274LC §5275LC §5301LC §5305LC §5315LC §5501.5LC §5701LC §5901LC §5906LC §5908LC §5908.5LC §5909LC §5911LC §5950LC §5951LC §5952CCR §10320CCR §10330CCR §10914CCR §10995

Summary

Jonathan Pettibone, a professional minor-league baseball player and lifelong California resident, signed his 2018 player contract with the New Britain Bees (NBB) in California while residing in Orange County, then trained in California before reporting to Connecticut. After he filed a California workers' compensation claim alleging cumulative injury, an arbitrator found that California had personal and subject matter jurisdiction over NBB under Labor Code section 5305 and section 3600.5(a), and that the Liberty Mutual (LMIC) policy issued to NBB—including its 'Residual Market Limited Other States Insurance' endorsement—covered the California claim and required LMIC to defend NBB. NBB and LMIC sought reconsideration, disputing jurisdiction and coverage. The Appeals Board first found its delayed action on the petition was equitably tolled (file not transmitted until August 2022). On the merits, the Board affirmed the arbitrator's findings, holding that the California hiring conferred jurisdiction and the policy's other-states endorsement provided coverage.

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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