BPK Secures Labor Code Section 3600.5(c)(d) “Take Nothing” Victory

Bober, Peterson and Koby, LLP earned a July 5, 2022, Trial level victory on behalf of the Chicago Cubs.

JEFF DEARDOFF V. CHICAGO CUBS

In a Trial held at the Van Nuys Workers Compensation Appeals Board, the Court ruled the claim of former Chicago Cubs player Jeff Deardoff, was barred for lack of jurisdiction.

The Workers Compensation Judge found no contractual basis for jurisdiction under Labor Code section 3600.5(a). The Workers Compensation Judge determined Mr. Deardoff failed to satisfy the threshold 20 percent or more overall duty days in California with the Chicago Cubs during his terminal year of work under Labor Code section 3600.5(c). Workers Compensation Judge ruled Mr. Deardoff failed to satisfy the Labor Code section 3600.5(d)(1)(B), as he did not work for fewer than seven seasons for any team or teams other than a California-based team.

Mr. Deardoff’s claim was, accordingly, dismissed based on lack of threshold jurisdiction under Labor Code section 3600.5(c) and (d).

For more information or to obtain a copy of the full decision, please contact BPK.