WCPanelIQ
PanelGranted in Part

Mike Jenkins — ADJ12332497

MIKE JENKINS, Applicant vs. OAKLAND RAIDERS; DALLAS COWBOYS; GREAT DIVIDE INSURANCE, administered by BERKLEY ENTERTAINMENT, Defendants

ADJ number
ADJ12332497
Decision date
Apr 29, 2026
District office
Santa Ana
WCJ
—
Claim administrator
Berkley Entertainment (administering Great Divide Insurance)
Commissioners
CRAIG L. SNELLINGS, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: cumulative trauma (professional athlete)

LC §3600.5CCR §10605

Summary

Professional football player Mike Jenkins filed a California workers' compensation claim against the Oakland Raiders, Dallas Cowboys, and Great Divide Insurance (administered by Berkley Entertainment). The WCJ found in the July 13, 2021 Findings of Fact that Jenkins could bring his claim in California because he was hired in California and/or regularly employed here, and that Labor Code section 3600.5(c) and (d) did not bar his claim. The Raiders sought reconsideration, arguing that subdivisions (c) and (d) apply to all post-effective-date claims regardless of prior California hire or regular employment, and disputing whether applicant was actually hired in California. After reconsideration was granted on October 5, 2021, the Court of Appeal issued Atlanta Falcons v. WCAB (Gandy) (2025), interpreting section 3600.5(c) and (d) and what constitutes a California contract for hire. The Board issued this order allowing further briefing so the parties could address the impact of Gandy and other subsequent caselaw on the pending Petition for Reconsideration.

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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