Colorado: Telephone Interview/Offer of Employment Subjects North Dakota Company to Colorado’s Jurisdiction

Where a North Dakota oil company had no business operations in Colorado, but recruited employees from Colorado (and other states) to work on its North Dakota rigs, it could be held responsible for providing workers’ compensation coverage under the Colorado Act and its failure to do so regarding an injured worker who had been hired in Colorado subjected the company to statutory penalties for failure to secure coverage. Evidence suggested the claimant lived in Colorado, submitted an online application, and was hired at the end of a telephone interview. He sustained injuries after just a few days working. The Court, referring to Colo. Rev. Stat. § 8–41–204 and citing Larson’s Workers’ Compensation Law, held that Colorado had jurisdiction to award benefits for out-of-state work-related injuries if an employee was (1) hired or regularly employed in Colorado and (2) injured within six months of leaving the state.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.

See Youngquist Bros. Oil & Gas, Inc. v. Industrial Claim Appeals Office, 2016 COA 31, 2016 Colo. App. LEXIS 238 (Feb. 25, 2016) [2016 COA 31, 2016 Colo. App. LEXIS 238 (Feb. 25, 2016)]

See generally Larson’s Workers’ Compensation Law, § 143.03 [143.03]

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.

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