Janzan v. WCAB - MGMT390 10W1 Business Law Mr. Judge...

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MGMT390 10W1 Business Law Mr. Judge Briefing Assignment No. 2 Please brief the following case of Janzen v. Workers' Comp. Appeals Bd. (1997) 61 Cal.App.4th 109, 71 Cal.Rptr.2d. Use the IRAC analysis approach as described in class, but preface it with a Statement of Facts. Your brief is due by the beginning of class on 11/30/10. You may e-mail me at cejudge@comcast.net if you have any questions. ************************************************************************************************************************ Janzen v. Workers' Comp. Appeals Bd. (1997) 61 Cal.App.4th 109 , 71 Cal.Rptr.2d 260 [No. C024918. Third Dist. Dec 30, 1997.] STEPHANIE JANZEN et al., Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD, CLAYTON CURTIS et al., Respondents. (Opinion by Puglia, P. J., with Blease and Raye, JJ., concurring.) [61 Cal.App.4th 111] COUNSEL Eugene C. Treaster for Petitioner. John M. Rea, Vanessa L. Holton, Linda L. Peters, Samuel D. McVey, Kirton & McConkie and Virginia Curtis Lee for Respondents. [61 Cal.App.4th 112] OPINION PUGLIA, P. 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 other crew members to operate the aircraft needed for the job. Either the contractor contacts individual crew members or they contact him. The deceased had previously spoken with Curtis about this particular contract with a view to securing employment if the contract was awarded. On June 14, the deceased telephoned Curtis and they 1
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agreed that Curtis would employ the deceased as a copilot to work on the State of Wyoming contract, providing the deceased performed satisfactorily on a test run. The deceased arrived in Wyoming on or about June 18 and took a test run with Curtis and the pilot with
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This note was uploaded on 12/18/2010 for the course MGMT MGMT 201 taught by Professor Claper during the Winter '10 term at Embry-Riddle FL/AZ.

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Janzan v. WCAB - MGMT390 10W1 Business Law Mr. Judge...

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