Allen Levrault — ADJ8763377

Applicant Allen Levrault, a professional baseball pitcher, claimed a cumulative trauma injury during employment with several teams from 1996-2003, including the Florida-based Miami Marlins. The WCJ found no subject-matter jurisdiction over the Marlins based on the reciprocity exemption of former Labor Code section 3600.5(b), reasoning Florida's reciprocity statute (enacted 2011) applied, and also excluded post-MSC surgery medical reports. The WCAB granted reconsideration and rescinded the F&O, holding that the reciprocity exemption requires reciprocity to exist at the time the employee was temporarily working in California (not at filing), which Florida lacked during applicant's employment. The Board further held that the Johnson nexus test focuses on the connection between California and the applicant's injuries (not any single employer), and applicant's regular employment with California minor league affiliates established that nexus. The Board also found the post-surgery medical reports should have been admitted, with the proper remedy for any attorney misconduct being sanctions under section 5813. The matter was remanded for further proceedings.