A California Court of Appeals issued a significant ruling that narrows the grounds on which retired professional athletes with extended careers on out-of-state teams can file cumulative injury workers’ compensation claims in California.
The Fourth Appellate District, Division Three, granted a petition for review filed by the Atlanta Falcons, annulling a prior decision by the Workers’ Compensation Appeals Board (WCAB) that had asserted jurisdiction over former NFL offensive lineman Wayne Gandy’s claim.
Gandy, who played 15 seasons in the NFL from 1994 to 2009, filed a claim in California in 2015 for cumulative trauma injury to multiple body parts. His career began in 1994 with the Los Angeles Rams (a California team), but he subsequently played for the St. Louis Rams, Pittsburgh Steelers, New Orleans Saints, and finally, the Atlanta Falcons, for whom he played his last three seasons.
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The Legal Dispute
The WCAB had initially found jurisdiction over Gandy’s claim, relying on the fact that he signed his initial contract with a California team (the LA Rams), arguing that this established a sufficient “California contract of hire” connection, regardless of where he suffered the later, cumulative injury.
However, the Court of Appeal found that the WCAB’s interpretation failed to give proper effect to a specific 2013 legislative enactment, Labor Code section 3600.5(c) and (d). These subdivisions were created to specifically address cumulative injury claims by professional athletes.
The court emphasized that the Falcons were exempted from liability under Section 3600.5(c) because Gandy performed less than 20% of his duty days in California while employed by them. Furthermore, Section 3600.5(d) exempts the athlete and the employer entirely if all employers in the athlete’s last year are exempt, unless the athlete worked for a California team for two or more seasons or 20% of their total duty days, and worked fewer than seven seasons for non-California teams.
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Narrowing Jurisdiction
The court found that Gandy failed both conditions: he spent only one season with a California-based team and accumulated 14 seasons with non-California teams.
Writing for the court, Justice Gooding stated that the WCAB’s interpretation “renders superfluous the plain language of section 3600.5(d),” which clearly contemplates that “a single California contract or a single season of full-time, regular work in California is not, by itself, enough.”
The ruling ultimately annuls the WCAB’s decision, exempting the Atlanta Falcons from the cumulative injury claim, and remands the matter for proceedings consistent with the opinion, likely directing the claim to be pursued in the state where Gandy spent the majority of his later career.
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