Case Law Database

JAMES WARDE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS

This case addresses whether an incarcerated individual, awaiting trial due to inability to make bail, is considered "reincarcerated" under Labor Code section 3370(a)(3) for workers' compensation benefit purposes. The applicant argued his custody was not a sentence but a pre-adjudication detention. The Appeals Board affirmed the WCJ's decision, holding that "reincarcerated" broadly includes any confinement in a city or county jail, irrespective of the reason or status of adjudication. The Board found this interpretation aligns with legislative intent to cease benefits when an inmate's basic needs are publicly provided during confinement. Therefore, the applicant is not entitled to temporary disability benefits while in county jail.