W.C. Nos. 4-597-715 4-597-716.Industrial Claim Appeals Office.
March 18, 2005.
FINAL ORDER
The respondents seek review of an order of Administrative Law Judge Klein (ALJ) which determined the claimant suffered a compensable injury and required them to pay workers’ compensation benefits. The respondents contend the ALJ erroneously determined Colorado has jurisdiction over the claim. We affirm.
Insofar as pertinent, the ALJ found that Rocky Mountain Communications Specialists (Rocky Mountain) is a corporation doing business out of Loveland, Colorado. The ALJ also found that the claimant was a resident of Fort Collins, Colorado, who was visiting relatives in Oregon when he conducted an Internet employment search which produced a job vacancy at Rocky Mountain. The claimant applied for the job by sending a facsimile of his resume to Rocky Mountain in Loveland, Colorado. The claimant was then hired by Rocky Mountain to work at a job site in the State of Washington.
Further, the ALJ found that within 6 months of leaving Colorado, the claimant suffered a work-related injury. The ALJ’s order awarded temporary disability and medical benefits.
On review the respondents contend the record fails to support the ALJ’s finding of Colorado jurisdiction. We disagree.
Section 8-41-204 C.R.S. 2004, provides that Colorado has jurisdiction over injuries suffered outside the State of Colorado, if the injured employee was “hired or is regularly employed in this state.” See Moorhead Machinery Boiler Co. v. Del Valle, 934 P.2d 861 (Colo.App. 1996).
A contract of hire is subject to the same rules as other contracts Denver Truck Exchange v. Perryman, 134 Colo. 586, 307 P.2d 805 (Colo.App. 1957). The essential elements of a contract are competent parties, subject matter, legal consideration, mutuality of agreement, and mutuality of obligation. Aspen Highlands Skiing Corp. v. Apostolou, 866 P.2d 1384 (Colo. 1994). The place of contracting is generally determined by the parties’ intention, and it is usually the place where the offer is accepted, or the last act necessary to the meeting of the minds or to complete the contract is performed. Denver Truck Exchange v. Perryman, supra; Moorhead Machinery Boiler Co. v. Del Valle, supra.
In Moorhead Machinery Boiler Co. v. Del Valle, supra, the court concluded the claimant was hired in Colorado where an out of state employer hired Colorado boiler makers through the union’s Denver office. In those circumstances, the court determined that the “common expectation” and practice was that, once the employer contacted the union hall, a worker with the “required health and skills would arrive for work at the specified time and location.” Consequently, the fact that the employer reserved the right to check the boiler makers’ credentials at the out of state job site did not vitiate the conclusion that the contract was formed in Colorado.
Because the existence of a contract for hire is generally a question of fact for the ALJ, we must uphold the ALJ’s order if supported by substantial evidence in the record. Section 8-43-301(8), C.R.S. 2004 Tuttle v. ANR Freight System, Inc., 797 P.2d 825 (Colo.App. 1990); Pfuhl v. Prime, Inc., W.C. No. 4-215-435 (February 16, 1995). In applying this standard, we are obliged to view the evidence in the light most favorable to the prevailing party and defer to the ALJ’s resolution of conflicts in the evidence, his credibility determinations and the plausible inferences which he drew from the evidence. Industrial Commission v. Royal Indemnity Co., 124 Colo. 210, 236 P.2d 293 (1951) ; Metro Moving Storage Co. v. Gussert, 914 P.2d 411 (Colo.App. 1995).
Here it is undisputed the claimant was not regularly employed in Colorado. However, the ALJ found the claimant was a resident of Colorado when he was hired by Rocky Mountain. (Conclusions of Law 4). For purposes of this appeal the respondents do not dispute this. (See Brief in Support of Petition to Review page 3, note 2). Instead, the respondents argue that evidence the claimant sent his resume from Oregon to Loveland, Colorado by facsimile is insufficient to support a finding the contract of hire occurred in Colorado. To the contrary, the respondents argue the final hiring step was either the parties’ telephone conversation while the claimant was in Oregon or the claimant’s arrival at the Washington job-site. We are not persuaded the ALJ erred.
Here, both parties presented evidence the claimant applied for employment with Rocky Mountain by sending his resume to Rocky Mountain’s Loveland office and then speaking with Janet Jones (J. Jones) who was located in the Loveland office. (Tr. April 23, 2004, pp. 27, 52; Tr. June 23, 2004, p. 43; Depo Todd Jones p. 8). J. Jones then sent the claimant’s resume to Rocky Mountain owner, Todd Jones. (Tr. June 23, 2004, p. 57). With the approval of the owner, J. Jones then sent the claimant an application and directed the claimant to return both the application and copies of his social security card and driver’s license to Rocky Mountain’s Loveland office. (Tr. June 23, 2004, p. 58). The owner admitted that upon the return of the requested documentation, he called the claimant and told him to report to the Washington job site and “go to work.” (Depo. pp. 10, 11).
The respondents did not offer evidence the claimant was required to perform any further act before they decided whether to hire the claimant. Indeed, the claimant asked the owner if he needed to return to Colorado. The owner said “no” and directed him to report to work in Washington, testified the claimant. (Tr. April 23, 2004, p. 28). Under these circumstances, the record contains substantial evidence to support the ALJ’s implicit determination that the last act required to complete the contract of hire occurred when the claimant returned the requested documentation to Rocky Mountain’s Colorado office, so the owner could notify the claimant he was accepted for employment in Washington. Compar Roth v. Florilli Corporation Inc., W.C. No. 4-309-663 (December 30, 1997) (telephone conversations with employer did not amount to an offer and acceptance of employment, because claimant was still required to undergo final interviews and testing).
IT IS THEREFORE ORDERED that the ALJ’s order dated September 13, 2004, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ Kathy E. Dean
____________________________________ Curt Kriksciun
John Cassidy, 3017 W. Vine Rd., #3, Fort Collins, CO 80521.
Rocky Mountain Communications Specialists, P.O. Box 7355, Loveland, CO 80537.
Zurich American Insurance Company of Illinois, P.O. Box 20048, Kansas City, MO 64195.
Bob L. Ring, Esq., 2550 Stover St., Bldg. C, Fort Collins, CO 80525 (For Claimant).
Frank M. Cavanaugh, Esq., 1801 Broadway, #1500, Denver, CO 80202 (For Respondents).