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Bowen v. Workers'' Compensation Appeals Board6/24/1999
CERTIFIED FOR PUBLICATION
Proceeding to review a decision of the Workers' Compensation Appeals Board. Annulled and remanded.
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. Upon reconsideration, the WCAB, in a two-to-one decision, ruled that it was without jurisdiction to proceed with Bowen's claim because the contract of hire was not made in California. We conclude that the WCAB erred in deciding that it did not have jurisdiction over Bowen's injury.
THE FACTS
The facts are not in dispute and are as follows. Bowen, born and raised in the Los Angeles area, played baseball at St. Francis High School in La Canada, California, and at College of the Canyons in Valencia, California. While playing at the college, he came to the attention of Grady Mack, a Marlins' scout who also resided in California. In 1992, the Marlins drafted Bowen and Mack advised Bowen of this fact by telephone. Mack and Bowen entered into negotiations and eventually reached an oral agreement as to bonus, salary, the farm team Bowen would play for and the term of employment. Thereafter, Mack mailed to Bowen's residence a Minor League Uniform Player Contract for the 1993 season. The contract called for a cash bonus of $2,500 payable upon approval of the contract by the office of the Commissioner of Baseball (Commissioner), a $2,500 per semester (with a maximum of four semesters) college scholarship plan, and a monthly salary during the baseball season of $850. He was to be assigned to the Erie Sailors of the New York Penn League as a right-handed pitcher. Bowen discussed the matter with his parents and signed the contract on August 29, 1992, in California. He was 19 years old at the time. He mailed the contract to the Marlins, which, in turn, signed and forwarded it to the office of the Commissioner, where it was approved and recorded. Paragraph XXVI of the contract states:
"This Minor League Uniform Player Contract, including any addenda or attachments, shall not be valid, recognized or enforced unless filed with and approved by the Commissioner." Contracts were executed in a similar fashion for the 1994, 1995 and 1996 seasons. They were sent to Bowen by mail at his residence in California, where he signed and returned them to the Marlins in Florida. The contracts were subsequently approved by the Commissioner.
In the 1996 season, Bowen played for a farm club of the Marlins, the Brevard County Manatees, an A Advanced league, earning a salary of $1,275 per month. In April 1996 he injured his right elbow while pitching in a game in Clearwater, Florida. He was given a medical evaluation and placed on the disabled list for approximately 42 days. Thereafter, Bowen pitched for the remainder of the season with pain, discomfort, weakness and popping in his pitching arm. He was released by the Marlins in October 1996. He received no workers' compensation benefits from the State of Florida.
During his baseball career with the Marlins, he played only in New York and Florida. He always returned after the six-month baseball season to California where he continued to reside. He maintained a California driver's license and a car registered in California.
ISSUE
We have before us an employee who is a professional athlete residing in California, who signed a play
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