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Case Name | Bowen v. WCAB | |
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Date | 06/24/1999 | |
Note | Employee hired in CA is covered by CA work comp laws regardless of contract. | |
Citation | 73 Cal.App.4th 15, 64 CCC 745 | |
WCC Citation | WCC 4201999 CA |
In 1992, the Marlins drafted [73 Cal. App. 4th 18] 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. In reaching its decision, the WCAB failed to follow its own previous decisions and appellate workers' compensation law cases. It is noteworthy that neither the WCAB nor the Marlins contend that since the Marlins had not yet signed the contract there was no contract formed in California when Bowen signed it. [1b] Applying the reasoning of GATX-Fuller here, we conclude that the Marlins was the offeror when it sent contracts to Bowen in California, and Bowen was the offeree when he signed and returned them from California.
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