Brian Burk — ADJ13623575

Brian Burk, a Nebraska resident employed as a rigging superintendent by Sarens International (formerly Riggins International), was injured to his back in Jamaica on January 19, 2016. His employment contract was made in Nebraska for work in Jamaica, but he periodically traveled to defendant's California yards for two-to-four week stints to prepare equipment for projects. The sole dispute was whether applicant was 'regularly working in the state' under Labor Code section 3600.5(a), which would confer California jurisdiction over the out-of-state injury. The WCJ found California jurisdiction, and the Appeals Board affirmed after reconsideration, finding applicant's credible testimony that he worked in California two to three times per year (roughly eight times total) for extended periods—corroborated by defendant's own vendor invoices—established regular employment and a meaningful economic benefit to the employer. The Board denied defendant's challenge and affirmed the F&O.