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PanelGranted

Osorio, Hermelinda

HERMELINDA OSORIO, Applicant vs. WEST COAST BERRY FARMS, LLC.; ALASKA NATIONAL INSURANCE COMPANY, Defendants

ADJ number: ADJ16791338
Decision date: Aug 20, 2023
District office: Santa Barbara
WCJ: —
Claim administrator: Alaska National Insurance Company
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: right hip, right leg, right ankle

LC §4656

Summary

Applicant, a strawberry picker for West Coast Berry Farms, was hired on August 8, 2022 and sustained an industrial injury to her right hip, right leg, and right ankle on September 13, 2022. The WCJ found her to be a seasonal worker and defined two seasons—August 8, 2022 to November 14, 2022 and January 1, 2023 to July 15, 2023—awarding temporary disability for the second season. Defendant sought reconsideration, arguing the evidence failed to show it hired applicant for the January 1 to July 15, 2023 season, contending the new-hire agreement was provided by mistake (intended for its Oxnard, not Santa Maria, location). The Board affirmed, reasoning that defendant bore the risk and burden of proving a mutual mistake warranting rescission, which it never argued or proved, so the signed agreement defining the season as January 1 to July 15 of each year remained operative. The Board granted reconsideration only to correct a clerical error, amending the finding to state the first season began August 8, 2022 rather than 'August 2022.'

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.