Serwanga, Kato

Professional football player Kato Serwanga claimed injuries from his NFL career with the New York Giants and Indianapolis Colts, asserting California jurisdiction based on oral contracts of hire accepted through his California-based agent Don Yee. The WCJ found California jurisdiction, awarded permanent disability for multiple orthopedic and internal body parts, and deferred PD on hypertension, chronic renal insufficiency, and headaches. Both parties sought reconsideration: applicant arguing AME Dr. Hyman's reporting was sufficient to rate the deferred conditions, and defendant disputing jurisdiction, PD ratings, and apportionment. The Appeals Board found the record inadequate because it did not establish the physical location of the agent at the time he communicated acceptance, and none of the written contracts were in evidence. The Board rescinded the entire Amended Findings and Award and returned the matter to the trial level for development of the record on jurisdiction, PD recalculation, and proper application of section 4663 apportionment.