Rigging superintendent suffered back injury while bending down to stop oxygen bottles from rolling

If an employee regularly working in California suffers a personal injury through an accident arising out of and in the course of employment outside of the state, they are entitled to compensation under section 3600.5(a) of the California Labor Code.

Burk vs. Sarens International; Arch Insurance administered by Charles Taylor, Inc. involved a workers’ compensation claim. The issue was whether the applicant was regularly working in California under section 3600.5(a).

A company that supplied cranes and rigging equipment worldwide employed the applicant as a rigging superintendent. While in Jamaica, the applicant experienced an industrial injury to his back while bending down to stop oxygen bottles from rolling.

The case featured circumstances involving different locations:

• The employment contract was made in Nebraska for work in Jamaica;
• The applicant lived in Nebraska at the time;
• He would travel to California locations – allegedly twice to thrice per year and around eight times overall – to prepare the employer's project equipment;
• When traveling to California, he would stay there for two to four weeks each time;
• His pay rate was based on California’s rates;
• He received a per diem reimbursement for housing and food while in California;

The employer claimed that the applicant went to California for work only around five times. The company’s regional counsel testified that,...

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