HomeMy WebLinkAbout1996-06-25; City Council; 13711; VOLUNTEERS: WORKERS' COMPENSATION BENEFITSVOLUNTEERS: WORKERS’ COMPENSATION
RECOMMENDED ACTION: Adopt Resolution No. qh 223 making volunteers employees
for workers’ compensation purposes.
ITEM EXPLANATION
Expansion of volunteerism in the City in recent years has resulted in the volunteer playing an
increasingly important role in the community services provided by the City. Through volunteers,
the City is able to supplement existing programs and to implement innovative new programs. As
with employees, however, the City faces some liability for injury to a volunteer during hidher
volunteer service. Currently, there is no defined process for handling an injury to a volunteer,
As a general rule, volunteers are not entitled to workers’ compensation coverage. Labor Code
section 3352(i) excludes from the definition of “employee” for purposes of workers’
compensation: ‘‘Any person performing voluntary service for a public agency or a private,
nonprofit organization who receives no remuneration for such services other than meals,
transportation, lodging or reimbursement for incidental expenses.” However, some volunteers are
defined as employees for workers’ compensation purposes under specific statutory provisions. In
addition, Labor Code section 3363.5 authorizes public agencies at their option, to provide
workers’ compensation coverage to volunteers by adopting an appropriate resolution. Where
such a resolution is passed, the extent of the City’s liability for injury suffered by the volunteer is
determined in accordance with workers’ compensation statutes and case law.
Absent a resolution placing volunteers under workers’ compensation coverage, or a finding that a
volunteer is an “employee” entitled to workers’ compensation remedies, the City’s liability to the
volunteer would be the same as to any other injured third party. If the injury were due solely to
the volunteers’ own negligence, there would be no liability to the City; if the injury were caused in
whole or in part by the City’s negligence, then the usual analysis of the facts to determine whether
the City is liable under the Tort Claims Act, or if any governmental immunity exists, would be
As a result, there are two alternatives for handling an injury sustained by a volunteer while
treatment and care of an injury and allows staff to continue working with the injured volunteer as
we would with any employee. (2) Allow volunteers to provide for their own medical care and
pursue any other legal remedies available to them outside of the workers’ compensation system.
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FISCAL, IMPACT
There is no way to predict the fiscal impact of this resolution; however, it is anticipated to be very
small. The claims history for volunteers is extremely low and according to Cal-Surance, tRe
City’s insurance broker, the inclusion of this group under the excess workers’ compensation
insurance coverage will not result in an increase in the City’s premium.
EXHIBITS
I. PP-2 Resolution NO. 9 6 -4d 3
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RESOLUTION NO. 9 6 - 2 2 3
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, RELATING
TO WORKERS’ COMPENSATION COVERAGE FOR
CITY VOLUNTEERS
WHEREAS, the City of Carlsbad encourages and supports volunteer
services provided by residents of the City; and
WHEREAS, the City acknowledges and accepts its responsibility to
compensate volunteers for their injuries incurred while performing volunteer activities for
the City of Carlsbad; and
WHEREAS, California Labor Code Section 3363.5 authorizes Workers’
Compensation coverage for volunteers of the City upon adoption of a resolution by the City
Council; and
WHEREAS, the City Council supports providing Workers’ Compensation
coverage for volunteers of the City;
NOW, THEREFORE, be it resolved that the City Council of the City of
Carlsbad, California, hereby adopts the provisions of Labor Code Section 3363.5 which
shall be applicable to those persons whose offer of volunteer services for the City has been
accepted as part of the volunteer programs of the City of Carlsbad, and that such volunteers
shall be deemed to be employees of the City for the sole purpose of extending Workers’
Compensation coverage for injuries incurred while performing volunteer services for the
city.
IT IS FURTHER RESOLVED, that the persons to whom this Resolution
applies shall not include, unless otherwise required by law, persons who perform public or
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community services without remuneration pursuant to (1) an order of the court, (2) an
election to perform such services in lieu of payment of fine or imposition of any other
criminal penalty, or (3) participation in a work release program or any other program
involving public or community services performed by inmate or probationers as part of their
inmate or probationer status.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City
1996, by the following vote, Council of the City of Carlsbad on the 25th day of June
to wit:
AYES:
NOES: None
ABSENT: None
Council Members Lewis, Nygaard, Kulchin, Finnila and Hall
ATTEST:
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