Firm Obtains Dismissal and Favorable En Banc Decision for Cincinnati Bengals
PCCD has prevailed on an important case for the professional sport franchises in Ohio. The California WCAB has issued an En Banc decision, declining to exercise jurisdiction over the Cincinnati Bengals in the case of Wesley Carroll v. Cincinnati Bengals.
In his one season employed by the Cincinnati Bengals, Wesley Carroll traveled to the state of California on one occasion. He was found to be “temporarily” in California doing work for the Cincinnati Bengals even though the game was on the regular schedule and taxes in California were taken out of his earnings. His employment was found to be transitory and temporary, not permanent or regular in the state.
The Bengals defended the claim by holding the position that Wesley Carroll must file any workers compensation claim for injuries sustained during his career with the Bengals in Ohio using Ohio law. They relied on California Labor Code section 3600.5(b) which states that any employee only temporarily in the state of California who is covered under an employer’s workers’ compensation policy at the time which they were performing work in California must return to that state to file a workers’ compensation claim if the home state recognized the extra-territorial provisions of California’s Labor Code and coverage was comparable. Ohio has such a statute, and the WCAB found the Bengals met all the requirements necessary that are set forth in Labor Code section 3600.5(b).
The Cincinnati Bengals have now been dismissed from the claim in its entirety and the findings of the Worker’s Compensation Trial Judge were rescinded in favor of our client.