In-Home Supportive Services v. Workers' Compensation Appeals Board

The In-Home Supportive Services Program (IHSS) (Welf. & Inst. Code, § 12300 et seq.) pays for domestic services to enable aged, blind and disabled persons to remain in their own homes. Marjorie Bouvia, at work as an IHSS attendant, injured her back helping an IHSS recipient out of a car and was awarded workers’ compensation benefits for the injury. In this consolidated writ of review proceeding, the State Department of Social Services (hereafter the state), the state agency which is the administrator of the In-Home Supportive Services Program (IHSS) (see Welf. & Inst. Code, §§ 10110, 12300 et seq.), and Argonaut Insurance Company seek annulment of an order of respondent Workers’ Compensation Appeals Board denying reconsideration of the award. We will affirm the award.

This case concerns the workers’ compensation coverage of domestic employees of IHSS recipients. Workers’ compensation coverage is a function of defined employment relationships. The state argues that coverage for IHSS workers is based upon the employment relationship with the IHSS recipient. (See Lab. Code, § 3351.5, subd. (b).) Bouvia must be excluded from coverage because she did not exceed the minimum…