Professional baseball player Michael Bianucci claimed cumulative trauma injury (CT 6/1/2008-10/6/2015) while playing for various teams, including significant time with the Texas Rangers' California affiliate, the Bakersfield Blaze, where he played at least 170 games and all practices exclusively in California during the latter half of 2009 and all of 2010. Defendants sought reconsideration of the WCJ's finding that California had subject matter jurisdiction, arguing that Labor Code section 3600.5(d) controls and bars the claim rather than section 3600.5(a). The WCAB panel granted reconsideration but largely affirmed the WCJ, agreeing that subject matter jurisdiction was proper under section 3600.5(a) because applicant was regularly working in California during a significant portion of the CT period. The panel disagreed only with the WCJ's finding regarding contract formation, amending the findings to state it is unclear where the contract between applicant and the Los Angeles Angels was formed, because applicant's trial testimony was ambiguous about whether the contract formed orally in Mexico or in San Diego.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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