Keiaho, Freddy

Freddy Keiaho, a professional football player and California resident, claimed a cumulative industrial injury during his employment with the Indianapolis Colts and Jacksonville Jaguars from 2005 to 2010. The WCJ found California lacked subject matter jurisdiction because applicant signed all written contracts outside California, the contracts contained integration and forum selection clauses, and the WCJ relied on Tripplett. On reconsideration, the WCAB panel rescinded the F&O, finding that applicant formed three valid oral contracts of hire in California when he accepted offers conveyed telephonically by his agent while physically located in California. The Board held that the formation of an oral contract of hire in California confers subject matter jurisdiction under Labor Code sections 5305 and 3600.5(a), and that integration and forum selection clauses cannot divest California of statutorily-conferred jurisdiction. The matter was returned to the trial level with all other issues deferred.