The firm has prevailed on an important case for the professional sport franchises in Florida. Using Florida’s new law, FS section 440.094, the California WCAB declined to exercise jurisdiction over the Jacksonville Jaguars in the case of Torry Holt v. Jacksonville Jaguars.
Torry Holt played only one game in California while a member of the Jaguars. He filed a career long Cumulative trauma case alleging mulitiple orthopedic, internal and neurological injuries as a result of his professional football career. The Jaguars defended the case saying he must file any such claim in Florida using Florida 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 his/her employer’s workers’ compensation policy while out in California must return to his/her home state to file a workers’ compensation claim if the home state recognized the extra-territorial provisions of California’s Labor Code. Florida has such a statute. The Jaguars were thus dismissed from this case based on a lack of subject matter jurisdiction over the team.
To read the case, please click here