WCPanelIQ
PanelDenied

David Garcia Miranda — ADJ11726217

DAVID GARCIA MIRANDA (Deceased); MAGDALENA PEREZ LOPEZ, Guardian Ad Litem for MIRANDA GARCIA PEREZ (Minor); ALONDRA GARCIA MIRANDA, Applicants vs. HELMSMAN FIELD LOGISTICS; ZENITH INSURANCE COMPANY, Defendants

ADJ number
ADJ11726217
Decision date
Jun 17, 2021
District office
Riverside
WCJ
Robert Hill
Claim administrator
Zenith Insurance Company
Commissioners
—

Injury / body parts: death (fatal motor vehicle accident)

LC §3600LC §5502LC §5701LC §5705LC §5903LC §5906LC §5952CCR §10515

Summary

David Garcia Miranda, a farm laborer for Helmsman Field Logistics, died in a motor vehicle accident on June 29, 2018 while a passenger in a co-worker's private vehicle returning from a single assigned job site (Mammoth Ranch, Block 9) where the crew picked off-season lemons. The WCJ found the death claim barred by the going and coming rule, and applicants (his minor child, an adult child, and guardian ad litem) sought reconsideration arguing the 'required vehicle' exception under Hinojosa applied because the employer impliedly required workers to furnish their own transportation. The WCAB majority denied reconsideration, holding that the only evidence (the deposition of owner Steven Elmore) established the crew commuted to a single fixed work site that day and never traveled between sites within a day, distinguishing the case from Hinojosa. The Board also noted that informal carpooling arrangements among employees do not create employer liability. Deputy Commissioner Schmitz dissented, arguing the record was insufficient and incompetent to support application of the going and coming rule and that the matter should be remanded for development of the record.

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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