In an en banc decision the WCAB determined they do not have jurisdiction over an Arizona football player

• Posted By: Harvey Brown
• March 1, 2013

This is an En Banc decision of the Workers’ Compensation Appeals Board (WCAB)

This is a very significant case for workers’ compensation principles.

The applicant suffered a cumulative trauma injury during four years as a football player with the Arizona Cardinals. He played in 80 games of which 40 were in Arizona. The other 40 games were in 16 different states, whereof 7 games were in California.

The applicant filed an application for adjudication in California. His contract of employment indicated that his principal place of employment was in Arizona and that claims for workers’ compensation shall be filed in Arizona.

The Workers’ Compensation Judge (WCJ) indicated that the WCAB does not have to exercise jurisdiction over the applicant’s case and issued a “take nothing”. Applicant petitioned for reconsideration.

The WCAB determined that it has jurisdiction to decide if California is the proper forum to decide applicant’s claim. The WCAB agreed with the WCJ that California was not the proper forum. Arizona has a materially greater interest in determining workers’ compensation benefits for an Arizona resident.

Case: McKinley v. Arizona Cardinals; The Travelers Indemnity Company

• Posted In: Disability, Venue, Work Injury