Minish v. Hanuman Fellowship CA6
Plaintiff Diane Minish sustained serious personal injuries after she fell off a forklift on premises owned by defendant Hanuman Fellowship (the Fellowship). Minish initially reported that her injuries occurred while she was working as a volunteer, doing construction work for the Fellowship. Both Minish and the Fellowship reported the injury to the Fellowship’s workers’ compensation carrier and Minish received more than $270,000 in workers’ compensation benefits. Minish also filed an action with the Workers’ Compensation Appeals Board (WCAB).
More than a year after the accident, Minish filed this civil action seeking damages for personal injuries. The Fellowship answered and asserted that workers’ compensation was Minish’s exclusive remedy. Minish argued the exclusive remedy rule did not apply because the Fellowship failed to comply with the requirements of Labor Code section 3363.6 for extending employment status to its volunteers.
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