CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) rescinded the finding of subject matter jurisdiction, determining that the applicant's contract of hire was concluded in North Dakota, not California, as per the written employment agreement signed there. Consequently, the WCAB lacks jurisdiction under Labor Code sections 3600.5(a) and 5305, which require the contract of hire to be made in California for out-of-state injuries. The WCAB's decision was influenced by the appellate court's ruling in Tripplett, which emphasized that a written employment contract signed out-of-state supersedes earlier oral agreements for jurisdictional purposes. As a result, the applicant will take nothing on his claims.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) rescinded the finding of subject matter jurisdiction, determining that the applicant's contract of hire was concluded in North Dakota, not California, as per the written employment agreement signed there. Consequently, the WCAB lacks jurisdiction under Labor Code sections 3600.5(a) and 5305, which require the contract of hire to be made in California for out-of-state injuries. The WCAB's decision was influenced by the appellate court's ruling in Tripplett, which emphasized that a written employment contract signed out-of-state supersedes earlier oral agreements for jurisdictional purposes. As a result, the applicant will take nothing on his claims.
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