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PanelGranted

Brock, Daniel

DANIEL BROCK, Applicant vs. SAN FRANCISCO GIANTS; ACE AMERICAN INSURANCE COMPANY, ADMINISTERED BY SEDGWICK CMS, Defendants

ADJ number: ADJ14218009
Decision date: Aug 14, 2023
District office: Van Nuys
WCJ: —
Claim administrator: Sedgwick CMS (administering ACE American Insurance Company)
Commissioners: ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: right arm, right elbow, right shoulder

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

Summary

Daniel Brock, a professional athlete who played two seasons for an out-of-state affiliate of the San Francisco Giants from 2010-2012, claimed cumulative industrial injury to his right arm, elbow, and shoulder. The WCJ found no subject matter jurisdiction because applicant was neither hired nor injured in California. Applicant sought reconsideration, arguing that Labor Code section 3600.5(a) and (d) establish jurisdiction based on his two seasons with a California-based team's affiliate, citing the Neu and Ruhl panel decisions. The Appeals Board granted reconsideration, noting that under prior decisions (Hansell, Ruhl), the two-season requirement for a California-based team does not require work physically in California, and that further development of the record may be appropriate. The Board deferred its final decision pending further review of the merits and the entire record.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.