County Of Los Angeles,Sherffs Department,Permissibly self-insured c/o Tristar Joseph Jones WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSEPH JONES,Applicant,vs. COUNTY OF LOS ANGELES/SHERIFFPS DEPARTMENT, permissibly self-insured,c/o TRISTAR,Defendant(s).Case No. ADJ3347998 (LAO 0774299) OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the f indings of Fact of June 7. 2010, in which the workers* compensation judge (WCJ) found that applicant was employed by the County of x)s Angeles in ^November of 1997 when he sustained an injury arising out of and occurring in the course of employment. Defendant contends that, as a matter of law’, applicant was not a volunteer, so he cannot be deemed an employee of the County at the time of injury. Applicant filed an answer.This matter proceeded to trial on May 19, 2010 on the issue of employment. There it was stipulated that applicant, “while allegedly employed on November 19. 1997. as an inmate…by the County of Los Angeles-Sheri ITs Department, claims to have sustained injury arising out of and in the course of employment…hernia.” The only evidence presented was applicant’s testimony, w’hich was as follows: “The applicant testified that he has incarcerated in approximately November 1997 at the Wayside Honor Ranch, located in Castaic, California. He began his incarceration in September 1997. In November of .1997, he had not been convicted of anything; he was awaiting trial for drug possession. He eventually entered into a , “He recalls lhat in November of 1997, he was approached by a sheriff s deputy who was looking to appoint the applicant, as well as five other persons, as trustees. He does not recall the name of the deputy sheriff. The deputy sheriff informed the applicant that if he rejected the offer to be a trustee, then he would immediately be transferred to the gang module. “Upon becoming a trustee, t
