Carper, Mark

Mark Carper, a former professional baseball player, filed a cumulative trauma claim for injuries sustained while playing for the Baltimore Orioles, New York Yankees, and Atlanta Braves between February 1991 and October 1996. The WCJ found that California had subject matter jurisdiction because Carper was hired in California (initially recruited and signed by an Orioles scout while in California, with documentary evidence showing a minor league contract signed February 15, 1991, while he was still in California), and found the Atlanta Braves liable under Labor Code section 5500.5. The Braves petitioned for reconsideration, arguing lack of injurious exposure and contract for hire in California, exemption under Labor Code section 3600.5(c), lack of personal jurisdiction, and that liability should relate back to the Orioles. The WCAB denied reconsideration, adopting and incorporating the WCJ's report, holding that a hiring in California established jurisdiction over the entire CT claim regardless of which team was liable, that section 3600.5(c) does not apply when an applicant is hired in California, and that the Braves waived any personal jurisdiction defense by making general appearances and failing to raise it at trial.