Parsons

We review an order of respondent Workers’ Compensation Appeals Board denying compensation to petitioner, a county prisoner, who was injured while working as a kitchen helper at the Tulare County correctional road camp. Petitioner seeks to overturn the board’s finding that he was not an employee of the county within the meaning of the workers’ compensation law.

the facts are not in dispute. Petitioner was convicted of a misdemeanor in the Municipal Court of Tulare County. He was granted two years’ probation upon the condition that he serve forty-five days, minus a one-day credit, on twenty-two consecutive weekends at the county road camp. Shortly after confinement his commitment was amended to be served on Tuesday through Thursday.

On his first day of confinement, petitioner was told to work in the kitchen. His duties included washing, sweeping, mopping floors and helping serve the prisoners. At no time was he hired or contracted with to do this work. Petitioner was not paid for his services nor was he loaned out to any other entity or agency. Because petitioner was not serving a “straight sentence,” he could not receive work-time credits; hence, his work could not…