Randy Neal — ADJ9990732

Randy Neal, a professional football player, filed a cumulative trauma claim for injuries sustained while playing for various teams, including the San Francisco 49ers, between May 1995 and July 2000. The WCJ found California jurisdiction based on applicant's hire in California by the 49ers, rejecting defendant's argument that Labor Code section 3600.5(c) and (d) exempted the claim. Defendant argued that applicant's last two employers (Tampa Bay Storm and Carolina Cobras) were exempt because applicant performed less than 20% of duty days in California in his last year and was not hired in California by any employer that year. The Board affirmed jurisdiction, holding that defendant conflated subject-matter and personal jurisdiction, and that subdivision (c) cannot apply where the athlete never worked in California for the relevant employer. The Board also found that a hire in California (by the 49ers) is alone sufficient to establish WCAB jurisdiction under section 3600.5(a) and 5305.