Law Office of Ronald Mahurin
Law Office of Ronald Mahurin
Apr 8, 2019
Northernworkerscomp.com ///In Recor Transportation vs WCAB, 66 Cal Comp Cases 1136 (2001) the Second Appellate District found Jurisdiction for a truck driver who had a heart attack while driving outside California even though he spent only 9% of his time in California. Of significance is the fact that the parties stipulated that the contract for hire was in Oklahoma. (The WCAB has broad powers and is not bound to follow agreements made by the parties.) Even though the contract for hire was not made in California, the applicant drove to Oklahoma for an employment interview and signed his contract there. The Court reasoned because the applicant made “regular” truck runs to California and more significantly was placed at risk while driving from California to Oklahoma to be interviewed for his employment Labor Code Section 5305 applied. In other words, the contract for hire was considered a condition subsequent to employment given that the applicant was contacted in California and asked to come to Oklahoma. His dependents were awarded death benefits.