Janzen

Janzen v. Workers' Compensation Appeals Board

Good Law
1997 Cal. App. LEXIS 1136·61 Cal. App. 4th 109·71 Cal. Rptr. 2d 260·98 Daily Journal DAR 1018·63 Cal. Comp. Cases 9
Court of Appeal of CaliforniaDecember 30, 1997[C024918California2,694 words

Opinion

Opinion

Puglia, J.

— Petitioner, Stephanie Janzen, seeks review of an order of the Workers’ Compensation Appeals Board (Board) dismissing her application for death benefits. Petitioner’s father, Stanley Janzen (the deceased), a California resident, was killed in an airplane crash while working in Wyoming as a pilot for a Wyoming employer. The Board concluded it lacked jurisdiction to award death benefits. We shall reverse.

I

Respondent Clayton Curtis, doing business as Frontier Airways (Curtis), operated a crop dusting business in the State of Wyoming. The deceased met Curtis during one of the latter’s many trips to Madera, California between 1981 and 1986 to purchase and retrofit airplanes for use in his business. They discussed the possibility of the deceased working for Curtis as a pilot.

In the spring of 1986, the deceased informed Curtis he was attending “ground school” to obtain a commercial pilot’s license. In early June 1986, the deceased was so licensed and notified Curtis of his availability to work.

On June 13, the State of Wyoming awarded Curtis an insect control contract. It is customary immediately after such a contract is awarded for the contractor to employ pilots and…

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