May 01, 2021

Bober Peterson & Koby, LLP obtained victory at trial before the California Workers’ Compensation Appeals Board on behalf of the San Diego Padres in a dispute as to whether a player who had no ties to California other than having a surgery in the state could invoke the jurisdiction of the California WCAB over his workers’ compensation claim. The player, Joel Garcia, was signed in the Dominican Republic and played entirely for Padre affiliated minor league teams either in the D.R. or in Arizona. The player did have a surgery in San Diego and on that basis, he asserted the Padres should be forced to provide benefits under the California workers’ compensation system. The Padres argued the case was not properly filed in California and that there was no statutory basis for the claim in this state.

The trial judge agreed with the arguments advanced by BPK on behalf of the Padres and found no subject matter jurisdiction over this case. He reasoned that since the player was not hired in California and did not enter into any contract in California, there was no work in California and no subject matter jurisdiction over the claim.

The case was handled by Tim Peterson on behalf of the Padres and their carrier, ACE American Insurance administered by Sedgwick CMS.


Timothy A. Peterson
Senior Partner
Bober, Peterson & Koby, LLP – Los Angeles Office
(213) 459-0001

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