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The Appeals Board rescinded the WCJ's decision declining jurisdiction over the applicant's cumulative injury claim. The Board remanded the case for the WCJ to re-evaluate jurisdiction, considering the applicant's California contacts and potential hiring in California, despite forum selection clauses in his employment contracts. The reasonableness of enforcing these clauses, particularly concerning the employer's notification of workers' compensation rights and the allocation of liability for cumulative injuries under Labor Code section 5500.5, also needs further consideration. The WCJ must address all jurisdictional issues in a new decision at the trial level.
THOMAS JOSEPH (JJ) McCLESKEY, JR. vs. ARIZONA CARDINALS, TIG INSURANCE COMPANY, NEW ORLEANS SAINTS, LOUISIANA WORKERS' COMPENSATION CORPORATION is a workers' compensation case decided in Santa Ana. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Santa Ana.
Full Decision Text1 Pages
The Appeals Board rescinded the WCJ's decision declining jurisdiction over the applicant's cumulative injury claim. The Board remanded the case for the WCJ to re-evaluate jurisdiction, considering the applicant's California contacts and potential hiring in California, despite forum selection clauses in his employment contracts. The reasonableness of enforcing these clauses, particularly concerning the employer's notification of workers' compensation rights and the allocation of liability for cumulative injuries under Labor Code section 5500.5, also needs further consideration. The WCJ must address all jurisdictional issues in a new decision at the trial level.
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