Hermanson, Dustin

Dustin Hermanson, a professional baseball player, claimed a cumulative trauma injury to multiple body parts during his career from April 1, 1995 to April 1, 2007, spanning eight teams. The WCJ found the claim was not barred by Labor Code section 3600.5 or the statute of limitations, but issued a take-nothing-further order finding the San Francisco Giants had no liability under section 5500.5 because the Cincinnati Reds (the last employer) were insured and not exempt. The Appeals Board granted reconsideration and concluded the take-nothing order did not follow logically from the finding that the claim was not barred by section 3600.5. The Board held that jurisdiction over the California teams was established under section 3600.5(a) and section 5305 because applicant played multiple seasons and signed contracts in California, making subdivisions (b), (c), and (d) of section 3600.5 inapplicable under Wilson v. Florida Marlins. The Board further found the WCJ failed to determine the date of cumulative injury under section 5412 before applying section 5500.5(a). The decision was rescinded and remanded for the WCJ to revisit sections 3600.5, 5412, and 5500.5 with separate analysis of each.