California State University v. Workers' Compensation Appeals Board
Opinion
Opinion
Crosby, J.
Larry E. Rembold, Jr., was convicted of a criminal offense and given the opportunity to complete 78 hours of community service in lieu of paying a fine. He was fulfilling the community service option as a groundskeeper on the campus of California State University, Fullerton, when he was injured in a fall. He filed a claim for workers’ compensation benefits against the university, contending his injuries occurred in the course and scope of his employment. The workers’ compensation judge agreed and awarded benefits.
The university petitioned for reconsideration, arguing two theories. The success of the first depended on a finding that Rembold’s community service was not a voluntary act, but was performed under the compulsion of Penal Code section 4017 and Orange County’s concomitant Resolution No. 73-170. The alternative theory hinged on the opposite notion, i.e., that Rembold was a volunteer per Labor Code section 3352, subdivision (i) and therefore not an employee entitled to workers’ compensation benefits. The Workers’ Compensation Appeals Board (WCAB) found no merit in either and denied the petition. We agree with the second theory, however.