ADJ12937354 · May 19, 2023

The applicant executed contracts with the defendant in California, establishing sufficient contacts for personal jurisdiction under California law.

From the decision · page 5Relevant facts show that the applicant was hired by the Camden Riversharks in California, when the applicant resided here before and after the contract was signed was signed by parties. Petitioner did not present any evidence that would support an alternative contract formation. California has jurisdiction over a claimed injury if the contract of hire was made here, in California.

Applicant executed contracts with defendant in California.

Favours Defendant prevailed

Established sufficient contacts for personal jurisdiction under California law.

From the decision · page 5Relevant facts show that the applicant was hired by the Camden Riversharks in California, when the applicant resided here before and after the contract was signed was signed by parties. Petitioner did not present any evidence that would support an alternative contract formation. California has jurisdiction over a claimed injury if the contract of hire was made here, in California.

California Labor Code

Labor Code section 3600.5

Provides jurisdiction over injuries arising out of employment outside California if contract of hire was made in California.

From the decision · page 5DISCUSSION Labor Code section 3600.5(a)2 provides that, "[i]f an employee who has been hired or is

California Labor Code

Labor Code section 5305

Grants jurisdiction over injuries outside California if employee is California resident and contract of hire was made in California.

From the decision · page 5The Division of Workers' Compensation, including the administrative director, and the appeals board have jurisdiction over all controversies arising out of injuries suffered outside the territorial limits of this state in those cases where the injured employee is a resident of this state at the time of the injury and the contract of hire was made in this state. Any employee described by this section, or his or her dependents, shall be entitled to the compensation or death benefits provided by this division.

California Court of Appeal

Aetna Casualty and Surety Co. v. Workers' Comp. Appeals Bd. (Salvaggio) (1984) 156 Cal.App.3d 1097

Establishes burden of proof for contract of hire in California for jurisdiction.

From the decision · page 5The burden of establishing that a contract of hire was made in California rests with

California Supreme Court

Reynolds Electrical & Engineering Co. v. Workmen's Comp. Appeals Bd. (Egan) (1966) 65 Cal.2d 429

Contract formation rules apply to employment contracts for jurisdiction purposes.

From the decision · page 6California. (Aetna Casualty and Surety Co. v. Workers' Comp. Appeals Bd. (Salvaggio) (1984) 156 Cal.App.3d 1097, 1103 [203 Cal.Rptr. 396, 49 Cal.Comp.Cases 447]. A contract of employment is governed by the same rules applicable to other types of contracts, including the requirements of offer and acceptance. (Reynolds Electrical & Engineering Co. v. Workmen's Comp. Appeals Bd. (Egan) (1966) 65 Cal.2d 429 [31 Cal.Comp.Cases 415].) Where parties have agreed in writing upon the essential terms of a contract, there is a binding contract even though a formal one is to be prepared and signed later. (Commercial Casualty Insurance Company of Newark, New Jersey v. Indus. Acc. Comm. (Porter) (1952) 110 Cal. App. 2d 83 [17 Cal. Comp. Cases 84].)

California Court of Appeal

Commercial Casualty Insurance Company of Newark, New Jersey v. Indus. Acc. Comm. (Porter) (1952) 110 Cal. App. 2d 83

Written agreement on essential terms creates binding contract for jurisdiction.

From the decision · page 6California. (Aetna Casualty and Surety Co. v. Workers' Comp. Appeals Bd. (Salvaggio) (1984) 156 Cal.App.3d 1097, 1103 [203 Cal.Rptr. 396, 49 Cal.Comp.Cases 447]. A contract of employment is governed by the same rules applicable to other types of contracts, including the requirements of offer and acceptance. (Reynolds Electrical & Engineering Co. v. Workmen's Comp. Appeals Bd. (Egan) (1966) 65 Cal.2d 429 [31 Cal.Comp.Cases 415].) Where parties have agreed in writing upon the essential terms of a contract, there is a binding contract even though a formal one is to be prepared and signed later. (Commercial Casualty Insurance Company of Newark, New Jersey v. Indus. Acc. Comm. (Porter) (1952) 110 Cal. App. 2d 83 [17 Cal. Comp. Cases 84].)

California Supreme Court

Alaska Packers Asso. v. Industrial Acci. Com. (Palma) (1934) 1 Cal.2d 250

Contract of hire formed in California is sufficient for jurisdiction even if injury occurs outside California.

California Workers' Compensation Appeals Board

McKinley v. Arizona Cardinals (2013) 78 Cal.Comp.Cases 23

Employment contract made in California confers jurisdiction even if no games played in California.

California Workers' Compensation Appeals Board

Similar precedent confirming jurisdiction based on contract formation in California.

Applicant testified he signed contracts with the Camden Riversharks in California and did physical conditioning in California benefiting the defendant.

From the decision · page 3"The applicant was sworn and testified that he attended high school in Concord, California. In 2008 he was drafted to the St. Louis Cardinals. At that time, he was residing in Concord, California. He signed his contract with the Cardinals in Concord, California.