Joel Garcia — ADJ13153374, ADJ13153421, ADJ14679364

Joel Garcia, a professional baseball player, signed a seven-year contract with the San Diego Padres in the Dominican Republic in April 2012 and alleged both a specific left elbow injury (12/15/2012) and a cumulative trauma injury over multiple body parts. The WCJ found no California subject matter jurisdiction because Garcia was hired outside California (in the Dominican Republic) and was not regularly employed in California, only spending three days in the state for elbow surgery. The Board granted reconsideration, and after the Court of Appeal issued Atlanta Falcons v. WCAB (Gandy), the Board applied Gandy's reasoning that hire by a California-based team effectively equates to hire in California for workers' compensation purposes. The Board held Garcia was hired in California because the Padres are a California-based team, notwithstanding that he accepted the offer in the Dominican Republic. The Board rescinded the Findings of Fact and substituted a new order finding California jurisdiction over both the specific and cumulative injury claims.