VICENTE RAMIREZ, Applicant vs. FAMILY RANCH; ZENITH INSURANCE COMPANY, Defendants
ADJ number
ADJ20699429
Decision date
Sep 14, 2025
District office
Fresno
WCJ
Cameron Huey
Claim administrator
Zenith Insurance Company
Commissioners
—
Injury / body parts: left knee, right ankle, right lower leg, right foot, right chest, hips, back
LC §5909LC §5900LC §4650CCR §10116.9CCR §10600
Summary
Vicente Ramirez, a 57-year-old farm laborer, was injured on January 29, 2025 while employed by Family Ranch, sustaining injuries to his left knee, right ankle, right lower leg and foot, and right chest. The central dispute was whether Ramirez was a seasonal employee or a regular employee with a reasonable expectation of continued employment, which affected his average weekly wage (AWW) and temporary disability (TD) rate calculations. The WCJ found that defendant Zenith Insurance Company failed to prove Ramirez was a seasonal employee, found he had a reasonable expectation of continued employment, and awarded TD indemnity based on an AWW of $658.00 and a TD rate of $438.67. Defendant sought reconsideration challenging the reasonable expectation finding and the AWW/TD calculations. The Appeals Board denied reconsideration, adopting the WCJ's Report and giving great weight to the WCJ's credibility determination.
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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