Gandy, Wayne

Professional football player Wayne Gandy filed a cumulative trauma claim asserting WCAB jurisdiction based on a California contract of hire with the Los Angeles/St. Louis Rams. In a prior ODAR, the Board rescinded the WCJ's F&A and found the WCAB had subject matter jurisdiction over the claimed injury under Labor Code sections 5305 and 3600.5(a). The Atlanta Falcons sought reconsideration, arguing they should be dismissed under the exemption in section 3600.5(c) based on panel decisions in Grahe, Riggs, and Smith, and that McKinley required enforcement of a choice of law/forum clause. The Board denied reconsideration, holding that because applicant had a California contract of hire with at least one employer during the cumulative injury period, sections 3600.5(c) and (d) are inapplicable and the cited authorities were distinguishable.