Priest Holmes — ADJ6966914

Priest Holmes, a professional football player, claimed a cumulative trauma injury during his employment with the Baltimore Ravens (1997-2001) and Kansas City Chiefs (2001-2007). The WCJ found the WCAB had jurisdiction, that the date of injury was 2006-2007, that a valid forum selection clause existed for 2006-2007 but not 2001-2003, and declined to exercise jurisdiction based on the forum selection clause. Applicant petitioned for reconsideration arguing liability should be 'rolled back' to Travelers for 2001-2003 under Labor Code section 5500.5. The Appeals Board granted reconsideration, finding the WCJ conflated the date-of-injury determination under section 5412 with apportionment of liability under section 5500.5, and that her Report contained internal inconsistencies regarding California's jurisdictional contacts from 2001-2003. The Board rescinded the prior decision, affirmed undisputed findings (jurisdiction, statute of limitations, forum selection clause periods), and remanded for the WCJ to clarify the date of injury, the extent of California contacts during 2001-2003, and whether liability may be rolled back to the out-of-state teams.