ANTHONY BARRON, Applicant vs. PHILADELPHIA PHILLIES; UNITED STATES FIDELITY AND GUARANTY INSURANCE, administered by Gallagher Bassett; LOS ANGELES DODGERS; NATIONAL UNION FIRE INSURANCE COMPANY, administered by Gallagher Bassett; PACIFIC EMPLOYERS INSURANCE/ACE, administered by ESIS, Defendants
ADJ number
ADJ13208164
Decision date
Apr 7, 2024
District office
Santa Ana
WCJ
—
Claim administrator
Gallagher Bassett; ESIS
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER
Injury / body parts: head, neck, legs, shoulders, elbows, wrists, hands, fingers, back, knees, ankles, feet, toes, sleep, nervous system
Anthony Barron, a professional baseball player employed from 1987 to 2002, filed a cumulative injury claim covering multiple body parts. He played seven seasons for the California-based Los Angeles Dodgers and additional seasons for out-of-state teams (Mariners, Expos, Phillies, Pirates) and the Mexican League. The WCJ found the claim barred under Labor Code section 3600.5(d) for lack of subject matter jurisdiction. Applicant argued that his regular employment with the Dodgers conferred jurisdiction under section 3600.5(a), making the exemption/exception analysis under subdivisions (c) and (d) inapplicable. The Appeals Board granted reconsideration to review the interplay between subdivisions (a), (c), and (d), noting conflicting panel decisions (Wilson, Hansell, Ruhl) and the possible need to further develop the record, and deferred a final decision on the merits.
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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