A key decision in football cases was decided by the Workers’ Compensation Appeals Board (WCAB)
- Posted By: Harvey Brown
- July 1, 2013
The applicant was a professional football player. The applicant resided in Florida. He signed a professional football contract with New Orleans outside of the State of California. While employed with New Orleans he played 5 of his 32 games in the State of California. He also played for the Bengals and played 1 of 16 games in California. He filed a cumulative trauma case in California, after retirement.
The Workers’ Compensation Judge (WCJ) found the applicant suffered a cumulative trauma and awarded the applicant a 40 percent disability. The team appealed.
The WCAB found the applicant and the employer are exempt from California law where the applicant was hired outside the state and under the following conditions: The applicant temporarily works in California, the employer provided workers’ compensation coverage in another state (here it was Ohio), if the other state recognizes California’s extraterritorial provisions, if the other state exempts California from coverage of California’s workers’ compensation laws.
This was the case here, thus California did not have to pay benefits.
Case: Carrroll V. Cincinatti Bengals