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Ignacio Brache vs. Tampa Bay Storm, Permissibly Self-insured

Tampa Bay Storm, Permissibly Self-Insured Ignacio Brache WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAIGNACIO BRACHE,Applicant,vs. TAMPA BAY STORM, PermissiblySelf-Insured,Defendant(s).Case No. ADJ1908964 (ANA 0394515) OPINION AND DECISION AFTER RECONSIDERATIONAND ORDER ADMITTING DOCUMENTARY EVIDENCE            On December 18, 2008, defendant. Pigskin. LLC, dba The Tampa Bay Storm (the Stonn), filed a petition seeking reconsideration of the Findings and Order issued by the workers’ compensation administrative law judge (WCJ) on December 1, 2008. In that decision, the WCJ determined that the Workers’ Compensation Appeals Board (WCAB) has jurisdiction over the California workers’ compensation claim of Ignacio Brache (Brache), who allegedly sustained a cumulative industrial injur)’ to various body parts while employed as a professional football player (kicker) by the Stonn in Florida and Chicago from January 1,2004 through June 1, 2004.            In its petition for reconsideration, the Storm contended: (1) the WCAB’s jurisdiction to determine Brache’s California workers’ compensation claim is preempted by the Federal Arbitration Act (FAA) (9 U.S.C. § 1 et seq.) and/or the Labor Management Relations Act (LMRA) (29 U.S.C. § 185) because these federal laws require that his California claim be determined through the arbitration system allegedly agreed to by the parties; and (2) even if there is no federal preemption, the WCAB docs not have jurisdiction because Brache’s contract of hire was not made in California within the meaning of Labor Code sections 3600.5(a) and 53051 and because the section 3600.5(b) criteria for excluding employees hired outside of California have all been met. Further, while its petition for reconsideration was pending, the Storm filed a supplemental petition 1All further statutory references arc to the Labor Code unless otherwise specified. , asserting that the WCAB’s jurisdiction to determine Brache’s claim is preempted by the National

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