WCDefenseCA

And it’s another beautiful Wednesday, dear readers!

Your humble blogger is away on an adventure, but that’s no reason not to have a blog post on what Soviet Santa hates more than anything – employment!

In the case of Brown v. County of Los Angeles/Sheriff’s Department, applicant sought workers’ compensation benefits alleging employment as an inmate of the county jail.  Although the county enjoyed initial success on the trial level, its victory was lost before the WCAB commissioners.

So, what happened? Applicant was sentenced to 364 days in jail where he signed up for a conservation work program to receive credits and expedite his release.  Not two weeks after starting the program, he slipped and fell while walking to the coffee pot to the print shop in which he worked.  He visited urgent care and was released a few hours later to the work program.

Applicant sought workers’ compensation benefits claiming he was an “employee” of the County, which the county denied.  At trial, the WCJ found applicant was not an employee and was thus not entitled to benefits.

At trial, the WCJ relied on an ordinance from the 19780s issued by the County Board of Supervisors that inmates can be forced to work and that this would not constitute an employment relationship.  The WCAB posed the test for employment of inmates as follows: was the work compulsory or voluntary?  If the work was compulsory, there is no employment relationship formed.  If, however, it was voluntary then there is.

After weighing the evidence, including the fact that applicant that applicant had to apply for the job in the print shop and could be fired or withdraw from that position at any time, the WCAB ruled that the job was “voluntary” and thus formed an employer-employee relationship between the County and applicant. 

So, what are county jails to do?  Well, it appears that to avoid workers’ compensation benefits, counties can compel labor from inmates rather than making it voluntary.  Of course, counties will then face the same problem that every would-be compeller has faced throughout history: sabotage, poor work product, damages to machines and equipment.

Sounds like a decision above your humble blogger’s pay-grade, but something to consider, ideally before an injury is sustained by an inmate!

Straight on till Friday, dear readers!