Gandy, Wayne

Wayne Gandy, a professional football player who played from 1995 to 2009 for the Atlanta Falcons, New Orleans Saints, Pittsburgh Steelers, Los Angeles Rams, and St. Louis Rams, claimed a cumulative trauma injury to multiple body parts. The WCJ found that Gandy and the Atlanta Falcons met the conditions under Labor Code section 3600.5(c) and (d), exempting them from California workers' compensation law. On reconsideration, the WCAB rescinded the F&A, holding that because Gandy entered into a California contract of hire with the Los Angeles Rams during his cumulative injury period, the WCAB has subject matter jurisdiction over the entire claim under sections 5305 and 3600.5(a). The Board relied on its prior Hansell decision and Bowen, concluding that a California contract of hire is by itself a sufficient connection to confer jurisdiction over an out-of-state cumulative injury. The Board also held the forum selection clauses do not preclude California jurisdiction and deferred the statute of limitations issue under section 5405.