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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 [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. 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, fn. 1 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."

[1a] We have before us an employee fn. 4 who is a professional athlete residing in California, who signed a player's contract in California furnished by an out-of-state team. Should he be denied benefits under California workers' compensation law for injuries received while performing out of state because the contract was subsequently, outside of California, signed by the team and, as required by the contract, approved by the commissioner of the sport involved?

In its opinion, the WCAB states that "California courts have held that when the terms of the contract, or other evidence, show that the signature of a third party, in addition to that of the offeree, is required to complete an agreement, the agreement is not binding on those who have signed until all have signed." Three cases are cited in support of this proposition: Anthony Macaroni Co. v. Nunziato (1935) 5 Cal. App. 2d 588 [43 P.2d 315] (lessee not liable on a lease executed by only one of the two named lessors), Helperin v. Guzzardi (1951) 108 Cal. App. 2d 125 [238 P.2d 141] (no contract formed where husband signed contract of sale of apartment house and handed it to a broker to be retained until wife, a cotenant, consented to sale and signed contract, and wife declined) and Nakatsukasa v. Wade (1954) 128 Cal. App. 2d 86 [274 P.2d 918] (under terms of real estate agent's deposit receipt, both joint owners of real property had to sign documents for the deposit receipt to be binding). The WCAB then states: "In other words, in determining the place of contract formation, we look to where the last act is done which is necessary to give the contact binding effect." The WCAB concludes that based on the contract language that the contract would not be "valid, recognized or enforced" unless filed with and approved by the Commissioner, the contract was not formed in California when it was signed by the Commissioner in New York. fn. 7 In support of this proposition, the WCAB cites the same three cases again and adds another, Los Angeles Rams Football Club v. Cannon (S.D.Cal. 1960) 185 F. Supp. 717 (Cannon), which the WCAB states "to be especially on point and dispositive of the issue in the present matter." We do not agree that Cannon is controlling. fn. 8 It is a common law contract case which does not involve the policies of California workers' compensation law. It has superficial appeal in that it deals with a professional football player's contract containing a clause providing that the contract "shall become valid and binding upon each party hereto only when, as and if it shall be approved by the Commissioner [of the National Football League]." There, a player signed three sets of contract forms covering the [73 Cal. App. 4th 21] years 1960, 1961 and 1962 to play for the Los Angeles Rams. fn. 9 However, the National Football League (NFL) Commissioner approved only the 1960 contract. Two weeks later, the player was contacted by the Houston Oilers, which ultimately led to his informing the Rams that he no longer wished to play for the Rams and that he revoked any offer he had made to do so. The Rams brought suit seeking to establish the validity of its contracts and obtain an injunction prohibiting the player from playing for any team besides the Rams. The trial court ruled against the Rams on both counts, declaring that approval by the NFL Commissioner was essential to the formation of the contracts. The court construed the contracts as an offer by the player to play for three years, which offer was not accepted as the Rams requested and received the NFL Commissioner's approval for only one year, 1960. In reaching its conclusion, the court states: "If we are to adhere to the doctrine of freedom of contract we must allow parties to specify any degree of formality to the act of execution they wish so long as it doesn't violate public policy or some rule of law." (185 F. Supp. at p. 724, italics added.) Accordingly, the court ruled that a valid written contract or contracts never came into existence. Unlike the situation in Cannon, the matter before us is not merely a suit on a contract. Rather, it is a workers' compensation case which evokes the public policy of the State of California reflected in section 3202 directing the courts to construe liberally sections 3600.5 and 5305.

In keeping with the spirit of the Workers' Compensation Act, as reflected in the authorities cited, including those of the WCAB, we conclude that under sections 3600.5 and 5305 an employee who is a professional athlete residing in California, such as Bowen, who signs a player's contract in California furnished to the athlete here by an out-of-state team, is entitled to benefits under the act for injuries received while playing out of state under the contract. This is so even though the team has not yet signed the contract, and, as a condition of the contract, a third party such as the commissioner of the sport must approve the contract.

FN 2. It is not clear where the contracts were approved by the Commissioner. Daniel C. Lunetta, director of minor league administration for the Marlins, testified that he was responsible for players' contracts. With respect to at least one of Bowen's contracts, Lunetta testified that he sent it to the appropriate league official for approval, namely, the National Association of Professional Baseball Leagues in St. Petersburg, Florida. Lunetta testified that Bowen's contract for the 1993 season bore the signature of Mike Moore, "who signed for the [C]ommissioner of [B]aseball." The contracts themselves do not reveal where they were signed by the Commissioner or his designee. The opinion of the WCAB states, without any support in the record, that the Commissioner signed Bowen's contract for the 1996 season in New York.

FN 9. The court determined that Billy Cannon, a star football player at Louisiana State University and the Los Angeles Rams' number one draft selection, was signed by the Rams to professional contracts and given two checks, one for $10,000 and another for $500, on November 30, 1959, thirty-two days before Cannon played in the Sugar Bowl game on January 1, 1960, ostensibly as an amateur.

The English term 'sackbut' is used currently as much asanything as a statement of intent ('trombone used for early music')as for an instrument substantially different in structure from someinstruments classed as 'early trombones'.(1) For the purposes ofthis article I shall, for convenience, adopt the British player'sconvention of calling a singleslide instrument a 'slide trumpet', adouble-slide instrument before c.1750 a 'sackbut', and after thatdate, a 'trombone'. In general the discussion will focus on thetenor, which was, and is, the standard-sized instrument.

Besides this necessary adaptation to accommodate changingcompositional practice, the new instrument offered considerable advantages tothe performer.(3) Although the hazards involved in playing the slide trumpethave probably been exaggerated,(4) the sackbut certainly offered newstandards of comfort and reliability, not least of which was that the playerneeded to move only part of the instrument rather nearly than all of it. Withthe bell brought up beside the player's head, the sackbut has some sortof counterbalance, whereas the slide trumpet has none and is somewhat tiringto hold up for long periods. More than this, the repositioned bell wasarranged to guide the player in finding the lower slide positions, whichwould have been a novelty to early players. The slide trumpet apparentlyremained in use well into the 17th century (the one surviving originalinstrument is dated 1651), though its activity is shrouded by the alwaysequivocal nature of iconographical evidence, the confusion caused by thecontinuous use of the same terminology to apply to a single- or double-slidedinstrument and, most damningly, its absence from the writings of the17th-century music encyclopedists. For lower parts, however, the sackbutbecame indispensable, to the extent that during the 16th century it was thepreferred instrument of tenor pitch, combining with voices and instruments ofevery kind. 2351a5e196

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