Managing Employee Injuries and Disability and Occupational Safety

 Volunteer firefighters. Each member registered as an active firefighter member of any regularly organized volunteer fire department having official recognition and full or partial support of the government of the county, city, town or district in which the volunteer fire department is located is an employee of that county, city, town or district for the purposes of workers’ compensation. Labor Code Section 3361.  Authorized volunteers of parks and recreation districts. A volunteer, an unsalaried person authorized by a governing board of a parks and recreation district to perform volunteer services for the district will be considered a covered employee upon adoption of a resolution of the governing board of the district so declaring. Labor Code Section 3361.5.

4. P ERSONS S PECIFICALLY I NCLUDED AS “E MPLOYEES ”

As relevant to public agencies, certain classifications of employees are specifically included as covered employees.

Students

A student obtaining work experience as an employee of a school district unless receiving pay for the work from another is covered by workers’ compensation laws.

Volunteer Police Officers

Volunteer Police Officers are covered while on active duty.

Sheriffs, Reserve Deputies

Sheriffs and reserve deputies are covered while on active duty.

Volunteer Firefighters

Volunteer Firefighters are covered while on active duty

Blind or Physically Handicapped Persons Blind or physically handicapped persons working in state rehabilitation programs are covered.

C. S PECIAL C IRCUMSTANCES

1. P RE - EMPLOYMENT T RYOUT While a job applicant is not an employee, 2 a “tryout” program is a structured relationship between an “employee” and employer and an injury occurring during a tryout may be compensable. Thus, in one case, the California Supreme Court affirmed a grant of benefits to an individual who was injured while taking an agility test for employment as a refuse crew worker. 3

Managing Employee Injuries, Disability and Occupational Safety ©2019 (s) Liebert Cassidy Whitmore 16