Wenson, Harrison

Harrison P. Wenson, a professional baseball player, alleged a cumulative trauma injury sustained over the period June 19, 2017 through November 10, 2022 while employed by the Los Angeles Angels and later the Chicago Cubs. The WCJ found California lacked subject matter jurisdiction because applicant's contracts of hire were not formed in California, his injurious exposure did not occur in California, and he never played, practiced, trained, or set foot in California. Applicant sought reconsideration arguing he satisfied the exceptions in Labor Code section 3600.5(d) and that the Angels were a California-based employer exercising control over his employment. The Appeals Board granted reconsideration to study whether meeting only the elements of section 3600.5(d)(1)(A) and (B), without satisfying section 3600.5(a) or section 5305, is sufficient to establish California subject matter jurisdiction. The Board deferred a final decision pending further review of the merits.