CA: Cincinnati Bengals Unsuccessful in Denying WCAB of Jurisdiction in Injured Football Player's Case

Wesley Carroll v. New Orleans Saints

Jurisdiction--Subject Matter Jurisdiction--Out-of-State Employment--WCAB, rescinding WCJ's finding, held that there was insufficient evidence in record to determine whether requirements in Labor Code § 3600.5(b) were satisfied so as to deprive State of California of subject matter jurisdiction over cumulative injuries suffered by applicant/professional football player while playing for Cincinnati Bengals during period through 4/12/94, when WCAB found that (1) parties' stipulation that Bengals were self-insured, without additional evidence, was not adequate to prove that Bengals furnished workers' compensation insurance under Ohio law or that coverage included applicant's employment while playing in California, as required by Labor Code § 3600.5(b), (2) certificate of insurance, although prima facie evidence of reciprocity and existence of extraterritorial compensation under Labor Code § 3600.5(b), was not required to prove coverage, and other evidence of such coverage and reciprocity may be acceptable, and (3) Ohio Revised Code § 4123.54, while satisfying proof of reciprocity, was not clearly made part of record in this case. © Copyright 2010 LexisNexis. All rights reserved.

Read the panel decision

Source: California Workers’ Compensation Appeals Board