What the panel ordered
Petition for Reconsideration is denied.
Applicant filed a timely and verified Petition for Reconsideration to the September 1, 2021, Findings of Fact, which found no employment relationship and denied workers' compensation benefits. The WCAB reviewed and adopted the WCJ's report and denied reconsideration.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
AOE/COEDefendant prevailedlumbar spine · tailbone · coccyx · head · neck · bilateral shoulders · right foot · toes · right lower extremity
Applicant was assigned to kitchen duty as a condition of incarceration, not by voluntary agreement or contract; no consent or consideration existed, and statutory compulsion negates an employment relationship.
From the decision · page 6At the time of trial, the parties stipulated that applicant, while an inmate (OGN 460) on October 1, 2018, (ADJ11784547) at Los Angeles California by the County of Los Angeles at the Los Angeles County Men's Central Jail, claims to have sustained injury arising out of and in the course of his alleged employment (AOE/COE) to his lumbar spine, tailbone or coccyx, head neck and bilateral shoulders, and again on July 21, 2019, (ADJ12536627) to his right foot and toes, right lower extremity.