The California Court of Appeals, Fourth Appellate District, Division Three, has issued a decisive ruling, confirming the Atlanta Falcons are exempt from California’s workers’ compensation law in a long-running cumulative injury claim filed by former NFL offensive lineman Wayne Gandy.
The ruling, which upheld a prior Workers’ Compensation Judge’s (WCJ) determination, centered on the interpretation of specific California Labor Code sections relating to professional athletes and out-of-state employers. The decision reverses an opinion by the Workers’ Compensation Appeals Board (WCAB) that had asserted jurisdiction over the claim.
Wayne Gandy played 15 seasons in the NFL (1994–2009) for five different teams. His career began in California, where he signed his first contract with the Los Angeles Rams in 1994. He later played for the St. Louis Rams, Pittsburgh Steelers, New Orleans Saints, and finally, the Atlanta Falcons (2006–2009).
In 2015, six years after retiring, Gandy filed a workers’ compensation claim in California, asserting a cumulative injury to multiple body parts sustained over his 15-year career.
- The WCJ initially ruled the Falcons were exempt under Labor Code section 3600.5, subdivisions (c) and (d).
- The WCAB rescinded the WCJ’s decision, arguing that because Gandy signed his initial NFL contract in California, the state had jurisdiction over his claim regardless of the later statutory exemptions.
- The Falcons petitioned the Court of Appeal for a writ of review.
The Court of Appeal found the Falcons were indeed exempted under sections 3600.5(c) and (d), which were added in 2013 to specifically address cumulative injury claims by professional athletes.
The “Temporarily Within” Rule
The court first found the Falcons were exempt under section 3600.5(c) because Gandy was considered “temporarily within” California during his time with the team.
- A professional athlete is “temporarily within” California if they perform less than 20 percent of their duty days in the state during the year preceding their last day of work for that employer in California.
- The court found that in the 365 days preceding Gandy’s last game in California for the Falcons (November 30, 2008), he worked less than 20 percent of his duty days in the state.
Limiting Jurisdiction for Multi-Team Careers
Crucially, the court relied on section 3600.5(d), which addresses cumulative injuries for athletes who have played for both California and non-California teams. This section exempts both the athlete and the employer if all employers in the athlete’s last year of work are exempt, unless two specific conditions are met:
- The athlete worked two or more seasons for a California-based team OR worked 20 percent or more of their total career duty days in California or for a California team.
- The athlete worked for fewer than seven seasons for non-California teams.
The court stated that Gandy failed both conditions:
- He was employed for 15 seasons, with only one season with a California-based team (LA Rams).
- He worked for more than seven seasons for non-California teams.
The court determined the WCAB’s interpretation, which would grant jurisdiction solely based on Gandy’s first contract in California, would improperly render section 3600.5(d) superfluous. The legislative purpose of the 2013 amendments was to limit California workers’ compensation benefits for professional athletes primarily employed by out-of-state teams.
In a related action filed on the same date as the ruling, the court issued an order modifying the original opinion (which was filed on October 7, 2025). The order clarifies the award of costs and confirms who must pay:
“For the avoidance of doubt, the cost award imposed by the opinion is properly assessed against respondent Wayne Gandy, not against the Workers’ Compensation Appeals Board…”
The ruling annuls the WCAB’s opinion and remands the matter for further proceedings, but the judgment regarding the Falcons’ exemption remains unchanged. The ruling applies only to the Falcons, though the original filing also named the St. Louis Rams, Steelers, and Saints.
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