James Baker — ADJ8015380

Professional football player James Baker filed a cumulative injury claim covering employment from 1978 to 1990 with multiple NFL teams. The WCJ found the terminal employer, the Cleveland Browns, exempt under Labor Code section 3600.5(b) based on Ohio reciprocity, and found no basis to roll back liability to a prior employer under section 5500.5(a). On reconsideration, the Board applied the recent Court of Appeal decision in Atlanta Falcons v. WCAB (Gandy), which held that the 'hired outside of this state' language refers only to the specific employer seeking the exemption (not the entire claim), meaning subdivision (b) potentially applies to the Browns even though applicant was hired in California by the Lions during the cumulative injury period. However, applicant raised a new argument in supplemental briefing that Ohio's reciprocity statute did not exist during his Browns employment (1987-1990), allegedly being enacted only in 1993. The Board amended the F&O to defer the section 3600.5(b) issue and remanded for further development of the record on whether a valid Ohio reciprocity statute existed at the relevant time.