BOWEN v. W.C.A.B.

No. B124899.

86 Cal.Rptr.2d 95 (1999)

73 Cal.App.4th 15

Mitchel BOWEN, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and Florida Marlins, Respondents.

Court of Appeals of California, Second District, Division Two.

June 24, 1999.


Attorney(s) appearing for the Case

Finestone, Schumaker, Cocquyt, Graham, Ventura, and Kirby Thomas, for Petitioner.

Richard A. Berthelsen, Washington, D.C.; Jeffrey R. Walsh; and John F. Henning III, Franklin, N.C., for National Football League Players Association as Amicus Curiae on behalf of Petitioner.

Schwartz, Steinsapir, Dohrmann & Sommers, Robert M. Dohrmann, Los Angeles; and Michael S. Weiner, Delray Beach, FL, for Major League Baseball Players Association as Amicus Curiae on behalf of Petitioner.

Eugene C. Treaster, Sacramento, for California Applicants' Attorneys Association as Amicus Curiae on behalf of Petitioner.

No appearance for Respondent Workers' Compensation Appeals Board.

Kegel, Tobin & Truce, Los Angeles, and Robert R. Wills, Fort Lauderdale, FL, for Respondent Florida Marlins.

Wall, McCormick & Baroldi, Anthony C. Baroidi, Santa Ana; Kasowitz, Benson, Torres & Friedman, Harold G. Levison, New York, N.Y.; Adorno & Zeder, Miami, FL, and Sylvia Krainin, for the National Football League Management Council as Amicus Curiae on behalf of Respondents.

Morgan, Lewis & Bockius, John S. Battenfeld, Los Angeles, Victoria E. Houck, Washington, D.C.; and Francis X. Goonelly for Major League Baseball Player Relations Committee, Inc., as Amici Curiae on behalf of Respondents.


MALLANO, J.*

Petitioner and applicant Mitchel Bowen, a California resident, suffered an injury in Florida while playing professional baseball for a minor league team owned by the Florida Marlins. He applied for benefits under the California Workers' Compensation Act. The workers' compensation judge found that the Workers' Compensation Appeals Board (WCAB) had jurisdiction over the injury because Bowen's contract of hire was made in California...

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