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Baseball clubs say California’s jurisdiction is unconstitutional



Although California lawmakers tried to limit situations where athletes for off-state teams can file compensation claims in Golden State, Ohio and Georgia ball clubs are asking a federal court to intervene and dismiss two ongoing claims filed last year.

The Atlanta Braves and Cincinnati Reds of Major League Baseball, and the Cincinnati Bengals of the National Football League, are asking the U.S. District Court in Central California to declare two California statutes unconstitutional that allow the Workers’ Compensation Appeals Board to take jurisdiction over claims made by extraterrestrials. athletes who signed a contract in California.

The Braves and Reds are asking the court to stop a cumulative trauma claim filed by Kevin Franklin, while the Bengals are asking the same court to close a similar claim from Chris Manderino.

The red and brave ones in one complaint, and the Bengals in the other, claim that the laws that give WCAB jurisdiction over claims when a person is hired in California are unconstitutional because they do not require the damage to occur in the state or occur. from California̵

7;s behavior. As a basis for jurisdiction, it violates the requirement of the trial that personal jurisdiction be exercised over a non-state defendant only when the underlying controversy arises from or relates to the defendant’s conduct in the forum state, they say.

A former player for both teams, Kevin Franklin living in California, filed a claim with the California Division of Workers’ Compensation in June 2021 for a cumulative injury that he says occurred between June 1, 2013 and October 1, 2017. The claim was originally filed against the Reds and was subsequently amended to name the Braves as Franklin’s employer.

The Reds hired Mr. Franklin from June 22, 2013 to August 11, 2017, when he was transferred to the Braves. During that period, he did not play a single game for the Reds in California, did not train in California and only performed duties outside the state, according to the complaint.

The complaint also states that Franklin did not work or play in California while with the Braves. The complaint also claims that the contract with the Reds, which was awarded to the Braves when the deal was completed, was signed in Arizona.

Bengal player Chris Manderino, who also lives in California, filed a claim for cumulative injuries in November 2021, which he says he incurred to play and train football between May 5, 2006 and August 30, 2008.

The Bengals say he did not play or train in California at any time during his time and performed all of his work-related duties for the team outside the state, according to the complaint filed March 18 in the Los Angeles Federal Court.

WorkCompCentral is a sister magazine to Business Insurance. More stories here.


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