Baker, James

Professional football player James Baker filed a cumulative trauma claim (ADJ8015380) against multiple NFL teams and their insurers. The WCJ found in the July 2, 2019 Findings & Order that applicant could not recover because liability against the terminal employer, the Cleveland Browns, was barred by Labor Code section 3600.5(b), and that there was no basis to roll liability back to the prior employer, the Minnesota Vikings, under section 5500.5(a). Applicant sought reconsideration, which the Board granted to study the issues. After the grant, the Court of Appeal issued Atlanta Falcons v. WCAB (Gandy) (2025) interpreting section 3600.5, whose subdivision (c) closely resembles subdivision (b) at issue here, and which addressed what constitutes 'hire' in California. The Board issued an order allowing the parties to submit further briefing on the impact of Gandy and other subsequent caselaw before rendering a final decision.