Barragan

Petitioner, Sandra Barragan, injured her back while engaged in performing services pursuant to a stúdent externship program at Saint Agnes Hospital. Finding that she was not an employee of the hospital at the time of her injury, the workers’ compensation judge (WCJ) denied Barragan’s application for workers’ compensation benefits. Barragan’s petition for reconsideration was denied by the Workers’ Compensation Appeals Board (WCAB). We annul the order because the undisputed facts establish Barragan’s employee status as a matter of law.

Facts

In August 1985, Barragan began a course of study at Galen College to become a medical assistant. She completed her classroom studies in March 1986, but in order to obtain her diploma she was required to complete a 160-hour externship program. By arrangements made through Galen College, Barragan began her externship program in the Rehabilitation Services Department at Saint Agnes Hospital. She worked at the hospital eight hours a day under the direct supervision of Linda Wenger, a registered physiotherapist-physical therapist, applying hot packs, helping the patients with isometric and group exercises, talking to the patients, taking…