Terry Allen — ADJ8423470

Terry Allen, a professional football player, claimed a cumulative industrial injury spanning April 15, 1991 to August 31, 2002 while employed by five NFL teams, including the Minnesota Vikings (who hired him in California) and the New Orleans Saints (whose contracts contained Louisiana forum selection clauses). The WCJ found a single cumulative injury, that the California hiring by the Vikings conferred subject-matter jurisdiction over the entire claim, and that the Saints (insured by LWCC) were liable under Labor Code section 5500.5. The Saints sought reconsideration, arguing the WCAB should enforce the forum selection clauses and that applicant sustained two separate cumulative injuries. The Board affirmed, holding the issue of multiple injuries was waived and unsupported by the record, and that applicant's California hiring provided a sufficient connection to California to exercise jurisdiction notwithstanding the Saints' forum selection clauses. The Board emphasized that the Johnson/Macklin analysis evaluates the connection between the claim as a whole and California, not any individual employer, and that enforcing a single employer's forum clause would improperly shift liability under section 5500.5.