WCPanelIQ
PanelQMEMed-legalGranted

Vaughn, Gregory

GREGORY VAUGHN, Applicant vs. COLORADO ROCKIES; TAMPA BAY RAYS; ACE AMERICAN INSURANCE COMPANY, ADMIN. BY CHUBB, Defendants

ADJ number
ADJ11208094
Decision date
Feb 4, 2024
District office
Van Nuys
WCJ
—
Claim administrator
ACE American Insurance Company, administered by Chubb
Commissioners
ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: head, neck, back, arms, shoulders, elbows, wrist, hands, fingers, legs, hips, knees, ankle, feet, toes, neurological system, internal

LC §3600.5LC §5412LC §5405LC §5500.5LC §3600LC §4600LC §4650LC §5500LC §5305LC §5401LC §3550LC §5705CCR §10450CCR §10421

Summary

Professional baseball player Gregory Vaughn claimed a cumulative trauma injury spanning June 1, 1986 to July 13, 2003, while employed by various teams including the Tampa Bay Rays and Colorado Rockies. The WCJ found California lacked jurisdiction over the out-of-state employers under Labor Code section 3600.5, set the date of injury at Spring 2004 under section 5412, and held the claim barred by the section 5405 statute of limitations. On reconsideration, the WCAB rescinded the F&O, holding that applicant's California contract of hire with the San Diego Padres conferred jurisdiction under section 3600.5(a), following its prior decision in Hansell. The Board further held that, absent medical advice, applicant's employment in a physically demanding profession was insufficient to charge him with knowledge of his cumulative injury under section 5412, so the date of injury was November 16, 2018 (the QME report of Dr. Hatch), and the claim was not time-barred.

Issues

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Holding

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