Jurisdictional Issues

The California workers’ compensation law applies to all industrial injuries occurring within the state.  It also applies to any injury occurring outside the state if the contract of employment was made in California (Labor Code Section 3203, 3600.5, 5305).  An employment contract is deemed made in California if it is accepted in California.  (Travelers Ins. Company vs. WCAB (1967), 68 Cal 2D 207, 32 Cal Comp Cases 527.) California’s compensation statute applies to an injury received outside California if the employee is regularly employed here, even if the contract of hire was not made here.  (Labor Code Section 3600.5 (a))

However, when the contract is not made in California, and the employee is not regularly employed here, the mere fact that the employee is a California resident is not sufficient to confer jurisdiction on the Appeals Board.  (Johnson vs. WCAB (1988) 53 Cal Comp Cases 495 (Writ Denied)).