Concussions and Jurisdiction

Wide receiver Wesley Carroll played for the New Orleans Saints and the Cincinnati Bengals from 1991 to 1994 and sustained cumulative trauma injuries—to his neck, head, back, and knees, as well as internal injuries—during his professional career. He filed workers' compensation claims against both teams. But like many other injured former players, Carroll chose to file claims not in Louisiana or Ohio, the states where he was based, but in California. Under California Labor Code section 3600.5, injured players may bring claims even if they appear in only one game here.

At an administrative trial in December 2008 the Bengals sought dismissal of the claim, arguing that the section provides an exemption from coverage for out-of-state employees if they were injured while temporarily on business in California; the out-of-state employer has insurance to cover the injury; and the employer's home state recognizes the extraterritorial provisions of California's workers' compensation laws under a reciprocity statute. 

The trial court ruled that the Bengals had failed to meet the second and third prongs of the test, so the team—which is self-insured for workers' compensation purposes—sought reconsideration before California's Workers' Compensation Appeals Board. Last May the panel remanded the case to the trial judge to certify that the Bengals are legally insured in Ohio, and that their insurance offers extraterritorial coverage (Carroll v. New Orleans Saints, et al., WCAB No. ADJ2295331, May 24, 2010).

Although Carroll's case could eventually put an end to some out-of-state players seeking workers' compensation benefits here, some applicant attorneys question its potential impact. Ronald Feenberg of Rose, Klein & Marias in Los Angeles notes that the Bengals still have to prove that their insurance covers cumulative trauma, as California's workers' comp system does. He adds that in any case the outcome should pose no threat to the claims of former players such as Fred McNeill who not only are current California residents but also signed their pro football contracts in the state.

---