County of Kern v. Workers' Compensation Appeals Board

This court granted a petition for writ of review filed by the County of Kern (Kern) to inquire into and determine whether the Workers’ Compensation Appeals Board (WCAB) erred in concluding a volunteer firefighter with a local nonprofit firefighting organization was a county employee for purposes of workers’ compensation coverage within the meaning of Labor Code section 3361. 1 (§ 5950; Cal. Rules of Court, rule 8.495.) Kern contends it never provided the organization with either the “official recognition” or “full or partial support” required under section 3361 to invoke its workers’ compensation liability. We reject Kern’s request to impose recognition and support requirements that are more burdensome than set forth under the plain language of the statute, and therefore agree with the WCAB that Kern is the statutory employer. As not yet addressed by the WCAB, we make no determination as to whether the volunteer firefighter here was industrially injured or if Kern effectively limited its coverage responsibility through its contractual agreement with the volunteer firefighters organization.

BACKGROUND

Respondent Eric Petersen was the deputy fire chief of the Sand Canyon…