Recruiting Workers In Colorado To Work In Another State? Watch Out! The Workers' Compensation Act Of Colorado Applies When You Least Expect It Due To The Extraterritorial Provision

The Colorado Court of Appeals issued its decision in Youngquist Bros. Oil & Gas, Inc. v. Indus. Claim Appeals Office of the State of Colorado and Travis Miner, 2016 COA 31, last week. This decision is important for companies recruiting workers in Colorado to work in another state - the Workers' Compensation Act of Colorado may apply when you least expect it. The full text of the decision can be found here.

The facts of the case are simple. Youngquist Brothers Oil & Gas, Inc. ("Youngquist"), an oil and gas company with operations in North Dakota, hired its workforce primarily from Texas, Oklahoma, Indiana and Colorado. Youngquist Bros. Oil & Gas, Inc. v. Indus. Claim Appeals Office of the State of Colorado and Travis Miner, 2016 COA 31, ¶ 3. Travis Miner ("Miner") was one such Colorado-recruited employee.

Youngquist maintained workers' compensation insurance in North Dakota, but not in Colorado. Id.

While living in Grand Junction, Colorado, Miner submitted his online application for a position with Youngquist. Id. at ¶ 4. At the conclusion of a phone interview with a...