Question Submitted by: The Honorable William M. Schuelein, Oklahoma State Senate
1982 OK AG 117
Decided: 04/26/1982
Oklahoma Attorney General
¶0 The Attorney General has considered your request for an opinion wherein, you asked, in essence, the following question:
Is a person ordered by the Court to perform "community service without compensation" under the general criminal sentencing statute, 22 O.S. 991a (1981), included as an "employee" of the State for purposes of the Workmen's Compensation Act, 85 O.S. 1 (1971) et seq., as amended?
¶1 It was held by the Supreme Court of Oklahoma in 1971, by a five to three decision that:
"Prisoner in city jail working out his fine and sentence by helping on a garbage truck operated by the City is not an employee of the City within the provisions of the Oklahoma Workmen's Compensation Act and an accidental injury sustained by him resulting in his death is not covered by the Workmen's Compensation Act." [Syllabus of the Court], City of Clinton v. White Crow, Okl.,488 P.2d 1232 (1971).
¶2 The Court cited In re Kroth, Okl., 408 P.2d 335 (1965), which held:
"A convict who is incarcerated in the State Penitentiary is not included in or subject to the terms and provisions of the Workmen's Compensation Act."
¶3 The basis for both decisions was that a "prisoner" is not an employee and does not receive "wages" as defined at 85 O.S. 3(8) (1961), which reads:
" 'Wages' means the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of the injury, including the reasonable value of board, rent, housing, lodging, or similar advantage received from the employer."
[Note: Although the Workmen's Compensation Act has undergone massive amendments since White Crow was decided, the term "wages" retains the same statutory definition. See, Session Laws 1977, Ch. 234, 6; 85 O.S. 3(8) (1980)]
¶4 Your question concerns 22 O.S. 991a (1981), which states in part:
"A. Whenever a person is convicted of a crime and no death sentence is imposed, the court shall either:
"1. Suspend the execution of sentence in whole or part, with or without probation. The court may, at time of sentencing or at any time during the suspended sentence, in addition:
". . .
"c. order the person convicted to engage in a term of community service without compensation, according to a schedule consistent with the employment and family responsibilities of the person convicted." (Emphasis added)
¶5 The Oklahoma Supreme Court requires, under the Workmen's Compensation Act, 85 O.S. 1 (1971) et seq., as amended, that there must be a contract for hire for which "wages" are paid before an injured person is entitled to receive benefits, Beall v. Altus Public School Dist., Okl., 632 P.2d 400 (1981). In Beall, the majority found that a student who was working on a house-construction project, which was sponsored by the school system and supervised by the school's shop teacher, was not working for "wages" under 85 O.S. 3(8) (1980), although the student did receive benefit from his participation. The dissent argues, at footnote 3, that:
"It is highly doubtful that our compensation system requires any recompense to the worker. It is only his status as a servant that matters."
¶6 However, at this time it appears that the earlier "prisoner" cases, which denied benefits because there were no "wages", are still valid and controlling. A person convicted of a crime, who is ordered to perform uncompensated work for the State, and who is killed or injured while working for the State, will not be an "employee" as he will not have received "wages" from the State for the purposes of the Workmen's Compensation Act, 85 O.S. 1 (1971) et seq., as amended.
¶7 Therefore, it is the official opinion of the Attorney General of the State of Oklahoma that a person ordered to perform "community service without compensation" under the general sentencing statute, 22 O.S. 991a (1981), is not included as an "employee" of the State for purposes of the Workmen's Compensation Act, 85 O.S. 1 (1971) et seq., as amended.
JAN ERIC CARTWRIGHT
ATTORNEY GENERAL OF OKLAHOMA
GUY L. HURST
ASSISTANT ATTORNEY GENERAL
| Cite | Name | Level |
|---|---|---|
| None Found. |
| Cite | Name | Level | |
|---|---|---|---|
| Title 22. Criminal Procedure | |||
| Cite | Name | Level | |
| 22 O.S. 991a, | Sentence - Powers of the Court | Discussed at Length | |
| Title 85. Workers' Compensation | |||
| Cite | Name | Level | |
| 85 O.S. 1, | Repealed | Discussed at Length | |
| 85 O.S. 3, | Repealed | Discussed at Length | |