Jurisdiction

Claimant was a resident of British Columbia, hired in British Columbia to drive in the western half of the United States and Canada.   He was injured during a slip and fall while delivering a shipment to Colorado.  The claimant filed a claim in Colorado which was denied based on a lack of subject matter jurisdiction.

The ALJ examined the claimant’s travel logs and routing reports for the year in which the injury occurred, which documented the days, mileage, point of origin for claimant’s work as a trucker.  The ALJ concluded that claimant worked only 6.2% of the time in Colorado which he determined was not “substantial” under the applicable test.

The Panel noted that there was no specific formula for determining whether the claimant’s work in Colorado was “substantial.” The Panel also noted that an  ALJ should examine the regularity and routine of the work that the claimant did complete in Colorado as factors in the jurisdictional analysis.  The Panel further found that the ALJ did consider these factors based on the language of the order and declined to overturn the ALJ’s factual findings.

Turner v. Sunrise Transport, W.C. No. 4-981-338-03 (ICAO Aug. 23, 2017).

Would you like to know more? Contact Christin Bechmann at cbechmann@pollartmiller.com or 720.488.9586

 

From the September 2017 Pollart Miller Newsletter

2019-01-29T10:31:08-07:00