Clifford Tomb — ADJ10812022

Applicant Clifford Tomb, an ESL teacher, claimed an industrial injury to his low back and right knee on March 19, 2016 while working at Balboa City Schools' (BCS) facility in Quanzhou, China. Defendant sought reconsideration of the WCJ's finding that the WCAB had subject matter jurisdiction, arguing the contract of hire was formed outside California (applicant signed it while in Florida). The Board determined the record was inadequate to resolve jurisdiction because the nature of applicant's employment relationship — including the role of a 'Wholly-Owned Foreign Entity' (WOFE) that actually paid applicant's salary and may have controlled his work — was not developed. The Board rescinded the March 28, 2019 F&O and remanded for further development of the record on employment relationship and jurisdiction.