Colorado Jurisdiction: - Law Office of O'Toole & Sbarbaro, P.C.

From the archives of the Law of Office O'Toole & Sbarbaro, P.C.

Colorado jurisdiction over injuries suffered outside of the state is conferred by §8-41-204, C.R.S.  This statute provides that Colorado has jurisdiction over out-of-state injuries if the employee was “hired or is regularly employed in this state.”  Whether an employee was “hired … in this state” is a contract question generally governed by the same rules as other contracts.  Denver Truck Exchange v. Perryman, 134 Colo. 586, 307 P.2d 805 (1957).  The essential elements of a contract are competent parties, subject matter, legal consideration, mutuality of agreement, and mutuality of obligation.  Id.  The place of contracting is generally determined by the parties’ intention, and 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.  Aspen Highlands Skiing Corp. v. Apostolou,  866 P.2d 1384 (Colo. 1994).

            In Moorhead Machinery & Boiler Co. v. Del Valle, 934 P.2d 861 (Colo. App. 1996) abrogated on other grounds by Horodyskyj v. Karanian, 32 P.3d 740 (Colo. 2001), the court noted that the rule in Denver Truck Exchange has been tempered so that a contract of hire may be deemed formed, even though not every formality attending commercial contractual arrangements is observed, as long as the fundamental elements of contract formation are present.  See also 1A A. Larson, Workmen’s Compensation Law §26.22 at 5-325 (1995)(it is necessary “[to subordinate] contract law technicalities to the reality of the [employment] relationship existing from the time the claimant [began] his journey toward the job pursuant to the overall-contract governing the way hiring is done in this particular employment”).

            The question of whether the claimant has proven the existence of a contract for hire is one of fact for determination by the ALJ.  Rocky Mountain Dairy Products v. Pease, 161 Colo. 216, 422 P.2d 630 (1996).  Similarly, the nature of the last act necessary to complete the contract and its location are generally factual questions for the ALJ’s resolution.

Contact Neil O'Toole and John Sbarbaro

at the Law Office of O'Toole & Sbarbaro, P.C.

Phone: 303-595-4777

Located in the Denver Metro area.

226 West 12th Avenue Denver, Colorado 80204

Disclaimer 

Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.

Privacy Policy