Bellinger, Clayton

Clayton Bellinger, a professional baseball player, filed a cumulative trauma claim for injuries sustained from 1989 to 2003. The Giants sought reconsideration of a WCJ finding that the WCAB had jurisdiction and that Labor Code section 3600.5(d) did not bar the claim, arguing applicant worked seven seasons for non-California teams and could not exclude his final 2004 season with the Orioles. The Board held that regular employment in California (as opposed to hire in California) does not exempt an athlete from section 3600.5(d), and that applicant's claim would be barred because his final year (2004 Orioles) was exempt under 'any other law' and he worked seven (not fewer than seven) seasons for non-California teams. However, the Board found applicant's tentative testimony about possibly signing a contract in Anaheim in April 2002 required further development of the record on whether he was hired in California, which would independently support jurisdiction. The Board rescinded the F&O and remanded for development of the record on the California hire issue.