WCPanelIQ
PanelRemanded

Gregory Hansell — ADJ10418232

GREGORY HANSELL, Applicant vs. ARIZONA DIAMONDBACKS, et al.; Defendants

ADJ number
ADJ10418232
Decision date
Apr 6, 2022
District office
Anaheim
WCJ
—
Claim administrator
—
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, DEIDRA E. LOWE, COMMISSIONER, MARGUERITE SWEENEY, COMMISSIONER

Injury / body parts: cumulative trauma (multiple/whole body)

LC §3600LC §3600.5LC §5300LC §5301LC §5305LC §5412LC §5500.5

Summary

Gregory Hansell, a professional baseball player born and raised in California, filed a cumulative trauma claim for the period June 5, 1989 to October 15, 2004, during which he played for numerous teams including the California-based Dodgers, Giants, and Athletics. The WCJ found that although the WCAB had subject-matter jurisdiction, the entire claim was exempt under Labor Code section 3600.5(d) because applicant's last-year employers (the Arizona Diamondbacks and a Mexican team) were exempt under subdivision (c) and 'any other law' (the lack of personal jurisdiction over the Mexican team). On reconsideration, the Board rescinded the F&O, holding that subdivisions (c) and (d) of section 3600.5 do not apply to athletes who were hired in California during the cumulative trauma period, because a California contract of hire establishes jurisdiction under subdivision (a) and section 5305. The Board found applicant was hired in California multiple times during the injury period, so jurisdiction was proper, and remanded for further proceedings.

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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