Football player is denied workers’ compensation in California due to lack of jurisdiction by the state
- Posted By: Harvey Brown
- August 1, 2018
This is a published appellate court decision
This is a very significant case for workers’ compensation principles.
The applicant was a professional football player. He played 6 years in the National Football League. He played in 110 games in his career, but only two of those games were in California.
The applicant was living in Los Angeles and his agent was located in Newport Beach when they allege they signed his contract with the Indianapolis Colts. They allege this gave the state of California jurisdiction over his claim.
The Workers’ Compensation Judge (WCJ) found at trial that the applicant sustained a 67 percent permanent disability and California had jurisdiction. The defendant filed a petition for reconsideration.
The Workers’ Compensation Appeals Board (WCAB) reversed the WCJ finding that neither the applicant nor his agent were in California when the contract was accepted and signed. Therefore, California did not have jurisdiction and they reversed the award.
The appellate court reviewed numerous cases and statues. They agreed with the WCAB that there was no binding agreement in California so California had no jurisdiction. The appellate court also ruled playing two games in California was not sufficient to make an award.