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The Appeals Board granted reconsideration of a workers' compensation award, rescinding the prior decision and returning the case for further proceedings. This action was based on the defendant's contention that a mandatory forum selection clause in the applicant's employment contracts required claims to be filed in Florida. The Appeals Board cited its en banc decision in McKinley v. Arizona Cardinals, which established that the central issue is whether California should enforce such a clause, not merely whether it has jurisdiction. Upon remand, both parties will have the opportunity to present evidence and arguments regarding the enforceability of the forum selection clause.
Full Decision Text1 Pages
The Appeals Board granted reconsideration of a workers' compensation award, rescinding the prior decision and returning the case for further proceedings. This action was based on the defendant's contention that a mandatory forum selection clause in the applicant's employment contracts required claims to be filed in Florida. The Appeals Board cited its en banc decision in McKinley v. Arizona Cardinals, which established that the central issue is whether California should enforce such a clause, not merely whether it has jurisdiction. Upon remand, both parties will have the opportunity to present evidence and arguments regarding the enforceability of the forum selection clause.
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