Was Volunteer Crushed at School Charity Event Covered by Workers’ Comp?

What Do You Think?

Employees normally can’t sue for negligence when they are hurt at work. This is because, generally, their only avenue of relief is the workers’ compensation act. But what if a volunteer is injured while providing services for an employer? A case involving a volunteer at a school charity event addresses how such a case might pan out California.

The decedent was volunteering at a school district event which involved loading supplies into cars for people who had been negatively impacted by the COVID-19 pandemic. She was between two cars, filling a trunk, when the driver behind her suddenly pulled forward. Tragically, the decedent was crushed between the two cars and died later that day at the hospital.

The decedent’s family sued the school district for negligence. The trial court threw out the case. It said the decedent was an employee for purposes of workers’ compensation. For that reason, the decedent–and by extension,the family–could not sue for negligence, due to the law’s exclusive remedy provision.

In Ohio, an unsalaried volunteer who is authorized by a school board to perform volunteer services “shall, upon the adoption of a resolution of the governing board of the school district or the county board of education so declaring, be deemed an employee” for purposes of workers’ compensation. If the volunteer is injured while carrying out those services, she’s entitled to workers’ compensation benefits.Labor Code section 3364.5

The family appealed, arguing that the school district never said that it “deemed” volunteers employees and never told them they were covered by workers’ compensation. Years earlier, the district had passed a resolution stating:

NOW, THEREFORE BE IT RESOLVED, that in accordance with Section 3364.5 of the Labor Code, volunteers shall be entitled to Workers' Compensation benefits for any injury sustained by him/her while in the performance of any service under direction and control of the District Superintendent.

But the school district never stated in a resolution that a volunteer shall “be deemed an employee.” 

Could the volunteer’s family sue school district for negligence?

A. No. The statute did not require the school district to use the word “deemed” or any particular phrase.

B. Yes. The resolution never said volunteers would be considered employees, only that they would be entitled to workers’ compensation benefits.

If you selected A, you agreed with the court in Kuo v. Dublin Unified School District, No. A169912 (Cal. Ct. App. 03/12/25), which held that the decedent was an employee for purposes of workers’ compensation.

Got compliance questions about workers' compensation law in your state? Check out Simply Research.

The court pointed out that the law did not require a resolution to use the word “deemed.” It only required that the board adopt a resolution “so declaring” that a volunteer was deemed an employee. The district’s resolution met that requirement by stating that volunteers would be entitled workers’ compensation benefits.

“We do not read into the statute any additional requirement to use magic words,” the court stated.

The family also failed to convince the court that the school district didn’t treat volunteers as employees and thus volunteers were not "deemed" employees. The family didn’t provide any authority showing that such conduct would render 3364.5 inapplicable. 

Finally, the court rejected the family’s argument that the school district didn’t notify volunteers that they had workers’ compensation coverage. Section  3364.5 does not contain a notice requirement. 

Ruling: The court affirmed the trial court’s decision in the school district’s favor.

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