Applicant claimed to have sustained multiple injuries to multiple body parts as a result of a cumulative trauma from 1996 through 2005 while he was employed as a professional baseball player. Defendant argued that his claim should be denied due to a lack of jurisdiction under LC section 3600.5. Applicant claimed that by mere virtue of having played in the Dodger organization, his claim should proceed regardless of the fact he never played for a Dodger affiliate in California. Applicant further argued that seasons over-seas should not be counted toward the application of Labor Code section 3600.5(d).
In a case of first impression, Defendant was successful in proving Applicant did not satisfy the conditions of Labor Code section 3600.5(d) as Applicant worked more than seven seasons with a non-California based team. The WCJ correctly counted partial seasons and winter ball seasons for purposes of applying LC section 3600.5(d) and the Applicant’s claim is barred.
This case is up with the WCAB after Applicant filed a petition for reconsideration and we await the final ruling following reconsideration.