Cincinnati Bengals, Permissibly Self-Insured; New Orleans Saints; Louisiana Workers’ Compensation Corporation; Travelers Insurance Wesley Carroll WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAWESLEY CARROLL, Applicant,vs.CINCINNATI BENGALS, Permissibly Self- Insured; NEWORLEANS SAINTS; LOUISIANA WORKERS’ COMPENSATIONCORPORATION; TRAVELERS INSURANCE, Defendants.Case No. ADJ2295331 (ANA 0397551)OPINION AND DECISION AFTER RECONSIDERATION (En Banc)INTRODUCTION Defendant Cincinnati Bengals (Bengals) petitioned for reconsideration of the January 24, 2011 Findings of Fact, Award, and Order of the workers’ compensation administrative law judge (WCJ). The WCJ found that applicant, Wesley Carroll, incurred cumulative industrial injury to numerous body parts while employed as a professional football player by the New Orleans Saints (Saints) from July 14, 1991 through August 30, 1993, and by the Bengals from September 1, 1993 to April 12, 1994, causing 46 percent permanent disability and a need for future medical treatment. The WCJ further found that the “Bengals are not exempt from workers’ compensation laws of the State of California, with respect to this case, by operation of Labor Code § 3600.5(b).” The Bengals’ petition was granted to allow further study of the issues. Thereafter, the Chairwoman of the Appeals Board upon a majority vote of its members assigned this case to the Appeals Board as a whole for an en bane decision in order to secure uniformity of decision in the future/ / // / // / / , on important legal issues presented. (Lab. Code, § 115.)1 Based upon our review of the relevant statutes and case law, we hold that an employee and his or her employer are exempted by Labor Code section 3600.5(b) 2 from the provisions of the California workers’ compensation law when the employee was hired outside of California and all of the following apply:[justify] (1) The employee is temporarily within California doing work for t
