WCPanelIQ
PanelGranted

Jordan, Brian

BRIAN JORDAN, Applicant vs. ST. LOUIS CARDINALS; ATLANTA BRAVES; LOS ANGELES DODGERS; TEXAS RANGERS; ACE AMERICAN INSURANCE COMPANY, administered by ESIS; USF&G, administered by GALLAGHER BASSETT; ACE AMERICAN INSURANCE COMPANY, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number
ADJ14344483
Decision date
Date unavailable
District office
Santa Ana
WCJ
—
Claim administrator
ESIS; Gallagher Bassett; Sedgwick Claims Management Services
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: head, neck, back, spine, shoulders, elbows, wrists, hands, fingers, legs, hips, knees, ankles, feet, psyche, internal, ENT/TMJ, neurological, hearing, vision, sleep

LC §3600.5LC §5305LC §5313LC §5500.5LC §5803LC §5901LC §5907LC §5908LC §5908.5LC §5950

Summary

Brian Jordan, a professional baseball player employed from June 6, 1988 to October 31, 2006, claimed a cumulative industrial injury to numerous body parts. A WCJ found California had subject matter jurisdiction under Labor Code section 3600.5(a) based on medical evidence that Jordan was injured while employed by the Los Angeles Dodgers (a California team), found the Texas Rangers exempt under section 3600.5(c), and found the St. Louis Cardinals and Atlanta Braves not exempt. USF&G (Dodgers) and ACE American (Braves, Rangers, Dodgers) sought reconsideration, arguing that subdivisions (c) and (d) define whether an athlete is 'regularly working' in California and thus control jurisdiction, and that the Braves qualify for the (c) exemption. The Appeals Board granted both petitions, deferred a final decision, and ordered further review of the merits and possible development of the record in light of the Wilson and Farley panel decisions.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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