Managing Employee Injuries and Disability and Occupational Safety

 Any Independent Contractor, meaning a person who renders service for a specified compensation for a specified result under the control of his principal as to the result of his work and not as to the means by which that result is to be accomplished. Labor Code Section 3353. (See further discussion of Independent Contractors below.);  Watchman for non-industrial establishments paid by subscription by several persons. Labor Code Section 3358; and  Prison Labor. As a general rule, a prisoner is not an employee and therefore not entitled to workers’ compensation coverage when performing required work, even though a nominal sum may be paid for the service rendered. Prisoners incarcerated in local correctional institutions may be considered covered employees while performing work on a “volunteer” basis. Penal Code Section 4017. 1 Prisoners in state penal institutions are in some circumstances covered while performing assigned duties.

3. S PECIAL C ATEGORIES OF P ERSONS W HO M AY B E “E MPLOYEES ” OF P UBLIC A GENCIES As relevant to public agencies, certain persons may be considered “employees” and hence covered if certain specified conditions are met or if the governing board of the public agency adopts a resolution to declare them to be employees. Examples of these are:

 Volunteers. Persons performing voluntary services without pay for a public agency are employees if the agency adopts a resolution declaring them to be employees. Performing voluntary services without pay means a person who performs services without remuneration other than meals, lodging, transportation or reimbursement for incidental expenses.  Wards of the Juvenile Court, juvenile probationers and juvenile traffic offenders performing rehabilitation work without pay on public property may be covered upon passage of resolution by the appropriate County Board of Supervisors. Labor Code Sections 3364.55, 3364.6, 3364.7.  Certain fire suppression personnel performing fire suppression service on public land at the direct request of a public officer or employee charged with the duty of suppressing or fighting fires may be covered. Labor Code Section 3365.  A person rendering voluntary technical service to a public entity to prevent a fire, explosion or other hazardous occurrence, at the request of a fire or law enforcement officer, is deemed an employee of the public entity for whose behalf the technical service was rendered. Labor Code Section 3367.  Members of a posse comitatus or persons engaged in providing voluntary assistance to a peace officer at the request of the peace officer are deemed employees. Labor Code Section 3366.

Managing Employee Injuries, Disability and Occupational Safety ©2019 (s) Liebert Cassidy Whitmore 15