Gomez, Alejandra

Applicant Alejandra Gomez sustained an admitted industrial injury on October 18, 2018 to her right shoulder and elbow while working as a winery cellar worker for Ferrari Carano. Defendant accepted the injury but denied temporary disability beyond October 31, 2018, claiming applicant was a temporary/seasonal hire whose assignment ended November 1, 2018. The WCJ found applicant was a temporary hire and not entitled to TD after termination. On reconsideration, the WCAB found that defendant failed to prove applicant was a seasonal worker or terminated for cause before her injury, relying on Gamez and the PQME's report. The Board amended the F&O to award temporary disability beginning October 18, 2018 up to 104 weeks, with credit for amounts paid.