Franklin, Micah

Micah Franklin, a professional baseball player who played for various teams including the Chicago Cubs and Arizona Diamondbacks during a cumulative trauma period of June 1, 1990 through August 25, 2004, filed a California workers' compensation claim. The WCJ found that California had subject matter jurisdiction and that defendants failed to establish an exemption under Labor Code section 3600.5(b). Defendants Ace American/CHUBB and the Arizona Diamondbacks sought reconsideration, arguing Franklin was not a California resident during his tenure with them, did not sign contracts with them in California, and was only temporarily in California, and that exemptions under sections 3600.5(b), (c), and (d) apply. The Appeals Board granted reconsideration to further study the key question of whether a hire in California during the cumulative trauma period (with other teams) is sufficient to confer jurisdiction over every employer during that period. The Board deferred issuance of a final decision pending further review of the merits and the entire record.