Luchey, Nicholas

Nicholas Luchey, a professional football player, filed a cumulative trauma claim against the Green Bay Packers and other NFL teams, alleging injury from January 1, 1999 through December 31, 2006. The WCJ found that although applicant appeared to have been hired in California, the WCAB lacked jurisdiction because of a forum selection clause in his 2003 Packers contract requiring claims to be brought in Wisconsin. On reconsideration, the WCAB held that a forum selection clause cannot divest the WCAB of jurisdiction where the worker was hired in California, citing Palma and Keiaho. Because the WCJ never made an actual finding that applicant was hired in California, the Board rescinded the Findings of Fact and returned the matter for the WCJ to make that factual finding and conduct further proceedings.