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Regular DecisionReconsideration

OMAR SMITH vs. NEW YORK GIANTS, GULF INSURANCE

Filed: Feb 25, 2014
Van Nuys
ADJ7761887

CompFox AI Summary

The Workers' Compensation Appeals Board granted the New York Giants' petition for reconsideration, reversing the trial judge's decision. The Board found that a mandatory forum selection clause in Omar Smith's employment contracts, requiring New Jersey law and jurisdiction for disputes, was reasonable and enforceable. Applying the precedent set in McKinley v. Arizona Cardinals, the Board determined there was a limited connection to California regarding Smith's employment and claimed injury. Therefore, the WCAB declined to exercise jurisdiction and ordered that Smith take nothing on his claim.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted the New York Giants' petition for reconsideration, reversing the trial judge's decision. The Board found that a mandatory forum selection clause in Omar Smith's employment contracts, requiring New Jersey law and jurisdiction for disputes, was reasonable and enforceable. Applying the precedent set in McKinley v. Arizona Cardinals, the Board determined there was a limited connection to California regarding Smith's employment and claimed injury. Therefore, the WCAB declined to exercise jurisdiction and ordered that Smith take nothing on his claim.

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OMAR SMITH vs. NEW YORK GIANTS, GULF INSURANCE (2014) – Van Nuys | CompFox