Velasquez v. Workers' Comp. Appeals Bd.
Annotate this CaseJose Velasquez, as a condition of probation, had entered a residential rehabilitation program sponsored by The Salvation Army and was injured while working in its warehouse. The Workers’ Compensation Appeals Board (the Board) denied Velasquez's claim for workers’ compensation benefits, determining that Velasquez was not employed by either The Salvation Army or the County of Santa Barbara (the County). The Court of Appeal of the State of California Second Appellate District held that The Salvation Army is statutorily excluded from being an employer for workers’ compensation purposes under section 3301 of the Labor Code, and affirmed the Board’s decision in that respect. However, the Court found that the record was inadequately developed during the administrative proceedings to determine whether the County was Velasquez’s employer. Therefore, the Court annulled the Board’s decision as to the County and remanded the matter for further consideration.
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