What the panel ordered
Petition for Reconsideration granted; final decision deferred pending further review of merits and entire record.
Applicant sought reconsideration of the WCJ's October 1, 2025 Findings of Fact denying subject matter jurisdiction; the WCAB granted reconsideration and deferred final decision pending further review.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCAB found that the WCJ's denial of subject matter jurisdiction was premature and granted reconsideration to further review the merits and the entire record.
From the decision · page 1Applicant seeks reconsideration of the October 1, 2025 Findings of Fact, wherein the workers' compensation administrative law judge (WCJ) found that applicant, while employed as a professional athlete from April 21, 2017 to April 29, 2021, claims to have sustained industrial injury to his head, neck, back, spine, arms, shoulders, elbows, wrists, hands, fingers, hips, legs, knees, ankles, feet, toes, internal [system], [ears, nose, throat/temporomandibular joint], neurological [system]/psych[e], hearing, vision, sleep, and chronic pain. The WCJ determined that the Workers' Compensation Appeals Board (WCAB) lacks subject matter jurisdiction over applicant's claim of injury.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant was employed by a California-based team but had no games or practices in California and no contracts executed in California.
Favours Applicant prevailed
This fact was central to the WCJ's initial denial of subject matter jurisdiction and the WCAB's decision to grant reconsideration for further review.
From the decision · page 3The parties proceeded to trial on July 21, 2025, and placed in issue whether the WCAB had subject matter jurisdiction over the claimed injury pursuant to section 3600.5(a). (Minutes of Hearing, dated July 21, 2025, at p. 2:20.) The parties stipulated that applicant had no games or practices within California; that applicant underwent surgery in San Francisco, California, on August 10, 2019 paid for by the Giants; and that there are no contracts with the Mariners or Giants executed in California. (Id. at p. 2:14.) Neither party offered witness testimony, and the WCJ ordered the matter submitted as of August 4, 2025.
Applicant underwent surgery in San Francisco, California, paid for by the Giants, but this single contact was deemed insufficient for jurisdiction by the WCJ.
Favours Applicant prevailed
The WCAB considered this fact in reviewing the jurisdictional issue and granted reconsideration to further examine the record.
From the decision · page 4During Applicant's time with the Seattle Mariners (Mariners), he played for their affiliate in the Dominican Republic. Joint Exhibit 1 and 2. During his time with the San Francisco Giants (Giants), he played with their affiliate in Augusta, Georgia and Salem-Keizer, Oregon. Id. Parties stipulated that there were no contracts for hire in California with either team and that Applicant had no games or practices in California. MOH dated 07/22/205, page 2. Applicant underwent a surgery on August 10, 2019, in San Francisco, California, while employed by the Giants. Id.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5909
A petition for reconsideration must be acted upon within 60 days of transmission to the Appeals Board.
The Appeals Board timely acted on the petition for reconsideration within the 60-day period.
From the decision · page 2Here, according to Events, the case was transmitted to the Appeals Board on November 7, 2025, and 60 days from the date of transmission is January 6, 2026. This decision is issued by or on January 6, 2026, so that we have timely acted on the petition as required by section 5909(a).
Greener v. Workers' Comp. Appeals Bd. (1993) 6 Cal.4th 1028
Subject matter jurisdiction is the power of the court over a cause of action or to act in a particular way.
The WCAB must determine if the applicant's employment and contacts with California confer subject matter jurisdiction.
From the decision · page 5We observe that the inquiries required in determining the existence of either personal or subject matter jurisdiction are distinct. "Personal jurisdiction is not determined by the nature of the action, but by the legal existence of the party and either its presence in the state or other conduct permitting the court to exercise jurisdiction over the party... [s]ubject matter jurisdiction, by contrast, is the power of the court over a cause of action or to act in a particular way. (Greener v. Workers' Comp. Appeals Bd. (1993) 6 Cal.4th 1028, 1034-1035 [58 Cal.Comp.Cases 793].)
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About this page
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