Although California lawmakers attempted to limit situations in which athletes for out-of-state teams can file comp claims in the Golden State, ballclubs from Ohio and Georgia are asking a federal court to intervene and shut down two pending claims filed last year.

The Atlanta Braves and Cincinnati Reds of Major League Baseball, and the Cincinnati Bengals of the National Football League, are asking the U.S. District Court for Central California to declare unconstitutional two California statutes that allow the Workers’ Compensation Appeals Board to take jurisdiction over claims filed by out-of-state athletes who signed a contract in California.

The Braves and Reds are asking the court to stop a cumulative trauma claim filed by Kevin Franklin, while the Bengals are asking the same court to shut down a similar claim by Chris Manderino.

The Reds and Braves in one complaint, and the Bengals in the other, argue that the laws giving the WCAB jurisdiction over claims when a person is hired in California are unconstitutional because they don't require the injury to occur in the state or to arise from California conduct. As a basis for jurisdiction, it violates the due process requirement that personal jurisdiction is exercised over an out-of-state defendant only when the underlying controversy arises out of or relates to the defendant’s conduct in the forum state, they say.

A former player for both teams, California resident Kevin Franklin, in June 2021 filed a claim with the California Division of Workers’ Compensation for a cumulative injury he says occurred between June 1, 2013, and Oct. 1, 2017. The claim was initially filed against the Reds and subsequently amended to name the Braves as Franklin’s employer.

The Reds employed Mr. Franklin from June 22, 2013, through Aug. 11, 2017, when he was traded to the Braves. During that period, he did not play a single game for the Reds in California, didn’t practice in California and exclusively performed work duties outside of the state, according to the complaint.

The complaint also says Mr. Franklin didn’t work or play in California while he was with the Braves. The complaint also alleges the contract with the Reds, which was assigned to the Braves when the trade was executed, was signed in Arizona.

Bengal player Chris Manderino, who also lives in California, in November 2021 filed a claim for cumulative injuries he says he sustained playing and practicing football between May 5, 2006, and Aug. 30, 2008.

The Bengals say he did not play or practice in California at any point during his tenure and performed all his work-related duties for the team outside of the state, according to the complaint filed March 18 with the federal court in Los Angeles.

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