What the panel ordered
Further briefing allowed; final decision pending after review of additional briefing
Petition for reconsideration granted to study factual and legal issues regarding subject matter jurisdiction under Labor Code section 3600.5; further briefing ordered to consider impact of recent Court of Appeal decision Gandy (2025)
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCJ found no jurisdiction because applicant was not hired or regularly employed in California, but reconsideration was granted to consider the impact of the Court of Appeal decision Gandy (2025) which interprets 'hire' under section 3600.5 and favors a liberal construction to find California jurisdiction when a California-based team is involved.
From the decision · page 1We granted reconsideration1 to further study the factual and legal issues in this case. Applicant sought reconsideration of the May 26, 2022 Findings and Order, wherein the workers' compensation administrative law judge (WCJ) found that the Workers' Compensation Appeals Board ("WCAB") cannot exercise subject matter jurisdiction over applicant's claim because he was not hired in California, did not regularly work here, and because California has no legitimate interest in his cumulative injury claim. Applicant contends that the WCJ erred because he was in fact hired in California and/or regularly employed here, thereby establishing subject matter jurisdiction pursuant to Labor Code section 3600.5, subdivisions (a). 2 We received an Answer. The WCJ prepared a Report and Recommendation on Petition for Reconsideration ("Report"), recommending that the Petition be denied. Subsequent to the grant of reconsideration, the Court of Appeal issued Atlanta Falcons v. Workers' Comp. Appeals Bd. (Gandy) (2025) 114 Cal.App.5th 1268 [90 Cal.Comp.Cases 997] ("Gandy"), a decision interpreting section 3600.5, subdivisions (c) and (d), and what constitutes "hire" in California for purposes of California workers' compensation proceedings more generally. Specifically, Gandy provided the following reasoning for rejecting the Appeals Board's interpretation of those subdivisions: