Wcab

HOLLENHORST, Acting P.J.

In this matter we are called upon to determine the propriety of the decision by the Workers' Compensation Appeals Board (Board) to exercise jurisdiction over a disagreement concerning contribution rights and obligations among five members of a public joint powers agency where the injured worker was employed by the agency. We hold that the Board has no such jurisdiction.

Victor Valley Transit Authority ("WTA") is a joint powers agency created pursuant to Government Code section 6500 et seq. The members of WTA are the County of San Bernardino and the Cities of Victorville, Adelanto, Hesperia, and Apple Valley. The purpose of WTA, which was formed in 1989, was to serve as a central organizing instrument for public transit services in the High Desert area. [1]

The joint powers agreement signed by the parties expressly confers upon WTA the power to make contracts in its own name, a power which is also recognized by statute. (Gov.Code, § 6508.) The parties to the joint powers agreement expressly declined individual liability for the WTA's acts, including the payment of wages or workers' compensation benefits.

VVTA eventually entered into an employment…