Jose Figueroa — ADJ11433178

Diver Jose Figueroa injured his left index finger and developed right upper extremity carpal tunnel syndrome/CRPS while performing underwater hull scraping for American Marine Corporation in the Port of Los Angeles. After settling a federal Jones Act/maritime civil claim (expressly preserving California workers' compensation rights), applicant pursued a WCAB claim that defendant opposed on the ground that he was a Jones Act 'seaman' subject to exclusive federal jurisdiction. The WCJ struck several defense exhibits (dive logs, work summaries, civil litigation documents) for untimely service and lack of specificity on the PTCS, struck related testimony, found applicant was not a seaman, found California had subject matter jurisdiction, and awarded medical treatment and temporary disability. The Appeals Board granted reconsideration to study the issues and affirmed the WCJ's decision in its entirety, adopting the WCJ's Report and Opinion, deferring to the WCJ's credibility determinations, and additionally holding that even if applicant were a seaman, the 'twilight zone' doctrine of concurrent federal-state jurisdiction would support California jurisdiction. The Board also noted it would have dismissed the petition for lack of verification.