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PanelDenied

Scott Gorgen — ADJ12937354

SCOTT GORGEN, Applicant vs. BKK SPORTS, LLC, dba CAMDEN RIVERSHARKS, Defendant

ADJ number: ADJ12937354
Decision date: May 18, 2023
District office: Van Nuys
WCJ: —
Claim administrator: Liberty Mutual
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: neck, arm, back, shoulder, other parts of body

LC §3600.5LC §5305LC §5405LC §5402LC §5705LC §3202.5

Summary

Applicant Scott Gorgen, a professional baseball player residing in California, filed a cumulative trauma claim against the Camden Riversharks (BKK Sports, LLC) for injuries sustained during his 2008-2014 career. Defendant disputed California's personal jurisdiction, arguing it had insufficient contacts with the state since Gorgen never played games in California for the Riversharks. After trial, the WCJ found that California holds personal jurisdiction because Gorgen executed his 2013 and 2014 contracts with the Riversharks while residing in California. The WCAB denied reconsideration, holding that the formation of a contract of hire in California alone is sufficient to confer jurisdiction over an out-of-state injury under Labor Code sections 3600.5 and 5305. The Board found defendant submitted no evidence to contradict that the contracts were executed in California.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.