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Case Name | Barragan vs. WCAB, Hartford | |
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Date | 10/19/1987 | |
Note | Worker who receives instruction and training in lieu of monetary remuneration is an employee. | |
Citation | 195 Cal.App.3d 637 | |
WCC Citation | WCC 29781987 CA |
SANDRA BARRAGAN, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and HARTFORD ACCIDENT AND INDEMNITY COMPANY, Respondents (Opinion by Best, J. , with Hamlin, Acting P. J. , and Ivey, J. , concurring. )By arrangements made through Galen College, Barragan began her externship program in the Rehabilitation Services Department at Saint Agnes Hospital. As Barragan sat down to take the blood pressure, her back popped, and she lost the feeling in her legs. Mrs. Miller did not offer Barragan a job and, in fact, had no authority to do so without administrative approval. The objective actions of Barragan and Saint Agnes Hospital clearly indicate that these parties intended an arrangement in which Barragan performed services for the hospital and the hospital provided training and instruction to Barragan to enable her to earn her diploma.
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