Juan Zaldivar — ADJ11784547, ADJ12536627

Juan Zaldivar, a county jail inmate, claimed workers' compensation benefits for injuries allegedly sustained on two dates while assigned to kitchen duty as a 'trustee ODR cook' at the Los Angeles County Men's Central Jail during two periods of incarceration. The WCJ found that no employment relationship existed under Penal Code §4017 and Government Code §25359 because inmates are statutorily mandated to work, kitchen duty was an incidental privilege chosen by jailers rather than a voluntary, bargained-for position, and the better-quality meals did not constitute legal consideration. The applicant petitioned for reconsideration, arguing the court exceeded its powers, the evidence did not support the findings, and the findings did not support the decision. The WCAB adopted and incorporated the WCJ's Report and Opinion, gave great weight to the WCJ's credibility determinations under Garza, and denied reconsideration.