WCPanelIQ
PanelGranted

Ward, Brian

BRIAN WARD, Applicant vs. LOS ANGELES DODGERS and BALTIMORE ORIOLES; ACE AMERICAN INSURANCE, administered by SEDGWICK CMS, Defendants

ADJ number
ADJ12223070
Decision date
Jan 19, 2022
District office
Van Nuys
WCJ
—
Claim administrator
Sedgwick CMS (administering ACE American Insurance)
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, JOSE H. RAZO, COMMISSIONER
LC §112LC §115LC §3600.5LC §4709LC §5300LC §5301LC §5305LC §5315LC §5500.5LC §5701LC §5803LC §5901LC §5903LC §5906LC §5907LC §5908LC §5908.5LC §5909LC §5911LC §5950LC §5951LC §5952LC §5953CCR §10320CCR §10330

Summary

Brian Ward, a professional baseball player, sought reconsideration of a January 20, 2022 Findings and Order in which the WCJ found the WCAB lacked subject matter jurisdiction over his claim. Ward played for the Orioles (June 2009–April 2015) and the Los Angeles Dodgers organization (April 2015–July 2015), signed his initial Minor League Uniform Player Contract in Idaho with a Maryland workers' compensation choice-of-law addendum, never played, practiced, or received treatment in California, though he was a California resident and signed some annual salary addenda (Addendum C) in California. The Board first addressed the timeliness of its action under amended Labor Code section 5909, applying equitable tolling under Shipley because the petition was not transmitted to and received by the Board until June 5, 2025, through no fault of the parties. On the merits, the Board found the WCJ's jurisdictional finding was not supported by substantial evidence without further development of the record. The Board granted reconsideration and deferred a final decision pending further review of the entire record.

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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