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Ceja, Godofredo

GODOFREDO CEJA, Applicant vs. DUTTON-GOLDFIELD WINERY, LLC; NATIONAL CASUALTY COMPANY, administered by MIDWEST INSURANCE COMPANY, Defendants

ADJ number
ADJ16419847
Decision date
Dec 1, 2024
District office
Santa Rosa
WCJ
Heidi K. Hengel
Claim administrator
Midwest Insurance Company (administering for National Casualty Company)
Commissioners
—

Injury / body parts: low back

LC §5909LC §5900LC §5705LC §4656LC §5708CCR §10600CCR §10945

Summary

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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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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