Reese, Shelly

Shelly Reese, a longtime volunteer reserve deputy with the Kern County Sheriff's Department, was injured on May 4, 2013 while performing in a motocross demonstration at the Sheriff's Reserve Association's annual 'Stampede Days' fundraiser. A WCJ found her concurrently employed as a Professional Athlete (Occupational Group Number 590) by the County and the Reserve Association. The County sought reconsideration, arguing she was an excluded volunteer under Labor Code section 3352(a)(9) and not a peace officer under sections 3362.5 and 3364. The Board affirmed that applicant was an employee, holding she received non-monetary remuneration (training and uniforms) defeating the volunteer exclusion, and that she was a deputized reserve officer performing peace officer duties under section 3362.5. The Board rescinded the WCJ's Finding and substituted a new Finding that applicant was concurrently employed as a Reserve Deputy/Peace Officer under Occupational Group Number 490, deferring all remaining issues.