WCPanelIQ
PanelDenied

Ford, Donte

DONTE FORD, Applicant vs. MC CARRIER, L.L.C.; ASSOCIATED RISK MANAGEMENT, INCORPORATED, Defendants

ADJ number
ADJ16982310
Decision date
Date unavailable
District office
Long Beach
WCJ
Daniel Nachison
Claim administrator
Associated Risk Management, Incorporated
Commissioners
—
LC §5909LC §5900LC §5300LC §5301LC §133LC §3202LC §925

Summary

Donte Ford, a California resident truck driver, was injured in a specific incident in California on September 30, 2022, while working for MC Carrier, LLC, a self-insured Nevada employer. The employer petitioned for reconsideration of a WCJ's Findings and Order determining that California has jurisdiction and that California law applies, arguing the employment contract was formed in Nevada and that a forum selection agreement required application of Nevada law. The WCAB adopted and incorporated the WCJ's report, finding the contract of hire was accepted in California, that the employer had sufficient minimum contacts (approximately 10% of business in California), and that the forum selection provision was unenforceable under Labor Code section 925. The Board denied reconsideration. The decision also addressed timeliness under amended Labor Code section 5909, finding the petition was timely acted upon within 60 days of transmission on July 15, 2024.

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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