Applicant Godofredo Ceja, a cellar hand, sustained an admitted industrial injury to his low back on October 8, 2021, and was found temporarily totally disabled by the QME. The WCJ found applicant was a seasonal employee and, pursuant to Signature Fruit Co. v. WCAB (Ochoa), limited defendant's temporary disability liability to applicant's regular seasonal employment periods (mid-August through mid-November) for 2021, 2022, and 2023, rather than continuous TTD up to the 104-week statutory maximum. Applicant petitioned for reconsideration, contending he was hired as a full-time permanent employee and that his testimony was prima facie evidence of permanent hiring. The WCAB denied reconsideration, giving great weight to the WCJ's credibility determination and finding the contemporaneous written employment offer (which explicitly stated a full-time temporary seasonal position) plus applicant's prior seasonal work history more persuasive than applicant's testimony. The Board affirmed the F&A.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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