Agustin Ciprian — ADJ13096766

Applicant Agustin Ciprian, a county jail inmate at the Larry D. Smith Correctional Facility, was injured on October 6, 2019 while working as a cook's assistant. The WCJ initially found he was not an employee of the County of Riverside. On reconsideration, the WCAB panel applied the 'compulsory versus voluntary' test (the Rowland factors) used for determining employee status of county inmates and concluded that the County failed to rebut the section 3357 presumption of employment. The Board found the county ordinance compelling labor applied only to 'public works or ways' (which did not include kitchen work), and that Captain Krachmer's testimony was too uncertain to establish that work was compulsory. The panel amended the Finding of Fact to find that applicant is an employee of the County of Riverside.