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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. FRE 0147567
En Banc
Jan 24, 2002

Maria Yolanda Jimenez vs. San Joaquin Valley Labor, Superior National Insurance Company

The Board holds that an industrially injured seasonal employee is entitled to two separate temporary disability indemnity rates based on their in-season and off-season earning capacity, and consequently, their Vocational Rehabilitation Maintenance Allowance (VRMA) should also be a two-tiered award corresponding to those rates.

Workers' Compensation Appeals BoardEn Banc DecisionReconsiderationFindings and AwardSeasonal Farm LaborerTemporary Disability IndemnityVocational Rehabilitation Maintenance Allowance (VRMA)Average Weekly EarningsEarning CapacityIn-Season Rate
References
Case No. FRE 0147567
Significant
Jan 24, 2002

MARIA YOLANDA JIMENEZ vs. SAN JOAQUIN VALLEY LABOR, SUPERIOR NATIONAL INSURANCE COMPANY

The Board holds that an industrially injured seasonal employee's vocational rehabilitation maintenance allowance (VRMA) should be calculated at two-tiered rates, reflecting in-season and off-season earning capacity, similar to temporary disability indemnity. The case is remanded to determine the applicant's off-season earning capacity.

Seasonal farm laborerVocational Rehabilitation Maintenance Allowance (VRMA)Temporary Disability Indemnity (TDI)In-season earnings capacityOff-season earnings capacityAverage weekly earningsLabor Code section 139.5En banc decisionEarning capacity benchmarkTwo-tiered award
References
Case No. ADJ2440985 (EUR 0037746)
Regular
Mar 03, 2014

FRANK MCCOVEY vs. WAYNE BARE TRUCKING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to amend the applicant's temporary disability rate. The applicant, a truck driver, sustained bilateral knee injuries in August 2003. The Board corrected the applicant's average weekly earnings during the logging season to $947.08, resulting in a temporary disability rate of $631.39 per week. Additionally, the off-season temporary disability rate was adjusted to the statutory minimum of $126.00 per week based on the applicant's limited off-season earnings. The established dates for the logging season, March 15 to December 15, were affirmed.

Wayne Bare TruckingState Compensation Insurance FundFrank McCoveyADJ2440985EUR 0037746Petition for ReconsiderationFindings and Awardbilateral kneestemporary disabilityaverage weekly earnings
References
Case No. ADJ4216095 (BAK 0149327)
Regular
Oct 25, 2010

ALICIA NUNEZ ARREOLA vs. SUNTREAT PACKING, STATE COMPENSATION INSURANCE FUND

This case concerns a seasonal worker who sustained an industrial injury to her right shoulder and cervical spine. The defendant sought reconsideration of the permanent disability rate awarded by the WCJ, arguing it was miscalculated for a seasonal employee. The Appeals Board granted reconsideration, finding the WCJ erred in calculating the rate by focusing solely on in-season earnings. The Board amended the award, establishing the permanent disability rate based on the applicant's actual annual earnings, which resulted in a lower rate than initially awarded.

WCABPetition for ReconsiderationFindings and AwardSeasonal workerTemporary disabilityPermanent disabilityStipulationLabor Code section 4453(c)(4)Earning capacityMontana
References
Case No. ADJ124002
Regular
Apr 21, 2011

RAMON RUIZ vs. DOLE FRESH VEGETABLES, SPECIALTY RISK SERVICES

The Appeals Board granted reconsideration and modified a prior award regarding temporary disability overpayments. Defendant sought credit for temporary disability paid during the applicant's off-season and after the permanent and stationary date. The Board denied credit for off-season payments, finding them inequitable. However, credit was allowed for temporary disability paid after the permanent and stationary date, recognizing these payments as advances against permanent disability.

ADJ124002Findings Order AwardPermanent DisabilityTemporary DisabilityCredit for OverpaymentOff-Season EmploymentPermanent and Stationary DateLabor Code 4909Equitable PrinciplesDouble Recovery
References
Case No. ADJ103591 (GRO 0035360)
Regular
Sep 03, 2009

ARCADIO SOLIS vs. DONNA VELAQUEZ PACKING, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding applicant sustained an industrial injury to his left eye and was entitled to temporary total disability (TTD) and a retinal specialist consultation. The Board rescinded the prior award, returning the matter for further proceedings. While agreeing that the defendant likely did not prove suitable modified employment was tendered, the Board found the WCJ should clarify the off-season dates for TTD and further address the reasonableness of the delay in authorizing the retinal specialist consultation and the appropriateness of the penalty.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardTemporary Total DisabilityIndustrial InjuryRetinal Specialist ConsultationAgreed Medical ExaminerPenalty AssessmentSuitable EmploymentSeasonal Worker
References
Case No. FRE 0197118
Regular
Sep 15, 2008

TERESA HINOJOSA vs. MARKO ZANINOVICH, FIREMANS FUND INSURANCE COMPANY

The WCJ's decision is rescinded and the matter is returned to the trial level for further proceedings and a new decision by the WCJ due to unresolved legal and factual issues regarding applicant's earnings and the period of temporary disability.

Workers' Compensation Appeals BoardReconsiderationTemporary Total DisabilityAverage Weekly EarningsLabor Code Section 4656EstoppelSeasonal EmploymentOn-Season Off-Season RateSignature Fruit Co. v. Workers' Comp. Appeals Bd.Jimenez v. Workers' Compensation Appeals Bd.
References
Case No. ADJ20699429
Regular
Sep 15, 2025

VICENTE RAMIREZ vs. FAMILY RANCH, ZENITH INSURANCE COMPANY

Applicant Vicente Ramirez sought reconsideration of a Findings of Fact and Award (F&A) issued by a Workers' Compensation Judge, challenging the findings regarding his employment status and the calculation of his average weekly wage and temporary disability rate. The Appeals Board denied the petition for reconsideration, upholding the WCJ's conclusion that the applicant was not a seasonal employee and had a reasonable expectation of continued employment. The Board found that the evidence presented by the defendant did not support the claim of seasonal employment, affirming the WCJ's calculations for average weekly wage and temporary disability rate.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and AwardSeasonal EmployeeReasonable Expectation of Continued EmploymentAverage Weekly WageTemporary Disability IndemnityLabor Code section 5909Electronic Adjudication Management SystemFarm Laborer
References
Case No. ADJ8968241
Regular
Nov 17, 2015

MARIA SANDOVAL vs. A. M. HARVESTING, INC., STAR INSURANCE COMPANY

The Board granted reconsideration and amended the decision, finding the applicant's average weekly earnings sufficient only for the minimum indemnity rate of $160 per week, as she failed to prove higher earnings. The period of temporary disability was amended to commence on June 7, 2013, as there was no evidence of prior disability. The Board affirmed the 27% permanent disability and the need for future medical treatment.

WCABPetition for ReconsiderationAmended FindingsTemporary DisabilityPermanent DisabilityAverage Weekly EarningsSeasonal WorkOff-season EarningsQualified Medical EvaluatorPrimary Treating Physician
References
Case No. ADJ10945011
Regular
Oct 29, 2020

ALFREDO TORRES vs. PERSONNEL STAFFING GROUP, LLC, dba BARNETT MANAGEMENT, PROTECTIVE INSURANCE COMPANY

In this workers' compensation case, the Appeals Board granted reconsideration to address the defendant's contention that the applicant's average weekly earnings were incorrectly calculated. The Board found the record inadequate to determine the applicant's earning capacity, particularly concerning his status as a seasonal worker paid by piecework. Consequently, the matter is returned to the trial level for further development of the record on average weekly earnings. The Board did not find error in the reliance on the treating physician's medical opinion for permanent disability.

Workers' Compensation Appeals BoardPersonnel Staffing GroupProtective Insurance CompanyAlfredo TorresAdjudication NumberFindings and AwardPetition for Reconsiderationpermanent disabilitylumbar spinefruit picker
References
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