Applicant was a deputized reserve officer with the Sheriff's Department at the time of injury
Favours Applicant prevailed
Establishes applicant's status as an employee under section 3362.5
From the decision · page 13First, the evidence shows that applicant was a deputized reserve officer with the Sheriff's
Department and that she served in this capacity between 1999 and 2018; because the motocross
demonstration was held in 2013, applicant was clearly a reserve deputy at the time of her injury.
(MOH/SOE, March 11, 2020, p. 3.) The evidence also shows that applicant was assigned "specific
police functions" as a reserve deputy. Applicant testified that her reserve duties were "the same as
a regular deputy sheriff, but she was not paid." (MOH/SOE, March 11, 2020, p. 3.) Additionally,
as a reserve deputy, she had to complete police academy training, obtain a firearm certification,
and be POST-compliant. Applicant was also issued a metal badge and a department firearm and
was authorized to drive a Metro patrol vehicle or go on patrol with a regular deputy. (MOH/SOE,
March 11, 2020, p. 3; App. Exh. 5, pp. 3-4, 6.) The WCAB has consistently found that police
Applicant was performing a motocross demonstration at the request of the County and Reserve Association
Favours Applicant prevailed
Supports presumption of employment under sections 3351 and 3357
From the decision · page 9We conclude that this evidence demonstrates that, while performing in the motocross
demonstration on May 4, 2013, applicant was acting in service of the County and the Reserve
Association, such that the presumption of employment was established under sections 3351 and
3357.
Applicant received remuneration in the form of department-issued uniforms and training
Favours Applicant prevailed
Negates exclusion under section 3352(a)(9) which excludes unpaid volunteers without remuneration
From the decision · page 11We also conclude that department-issued uniforms constitute remuneration outside the
scope of section 3352(a)(9). During trial, applicant testified that, as a reserve deputy, she was
issued various department uniforms, including a "Class C" off-road uniform, which she wore
during the motocross demonstration. (MOH/SOE, March 11, 2020, p. 6.) Like the Court in
Barragan, we believe that, had the Legislature intended to add uniforms to the types of excluded
remuneration in section 3352(a)(9), it knew how to do so. In fact, uniforms are among the types
Applicant was not employed as a professional athlete but as a Peace Officer, Occupational Group Number 490
Favours Applicant prevailed
Corrects occupational classification for workers' compensation purposes
From the decision · page 16Finding of Fact, substitute new Findings of Fact, that find that applicant was concurrently
employed as a Peace Officer, Occupational Group Number 490, by the County and the Reserve
Association on May 4, 2013 while performing in a motocross demonstration at the 2013 Stampede
Days and defer all remaining issues.