Jeremiah Brazil — ADJ12142266

Jeremiah Brazil, a ferry captain and Jones Act seaman employed by Blue and Gold Fleet, injured his right knee in 2014 when he slipped on an oily deck plate in the engine room of a vessel tied to a pier in San Francisco Bay. The employer's TPA initially accepted the claim for maritime cure and maintenance benefits, but after the employer denied a follow-up MRI request, applicant filed a California workers' compensation claim, which Zurich denied on statute of limitations grounds and for lack of state jurisdiction. The WCJ found no concurrent jurisdiction under California workers' compensation law, and applicant petitioned for reconsideration. The Appeals Board granted reconsideration and reversed, holding that the WCAB has concurrent jurisdiction over the claim notwithstanding the prior provision of federal maritime benefits. Applying the 'twilight zone' doctrine and the factors set out in CNA Ins. Co. v. WCAB (Baker), the Board concluded that applicant's substantial California contacts and the state's interest in the welfare of its citizens supported concurrent jurisdiction. The matter was returned to the trial level for determination of all remaining issues, including EDD's lien and the statute of limitations defense.