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PanelGranted

Noel Alvarez Ramirez — ADJ21030204

NOEL ALVAREZ RAMIREZ, Applicant vs. JAGUAR FARM LABOR CONTRACTING, INC., CA. FARM MANAGEMENT, INC.; administered by INTERCARE HOLDINGS INSURANCE SERVICES, Defendants

ADJ number: ADJ21030204
Decision date: May 21, 2026
District office: Fresno
WCJ: —
Claim administrator: Intercare Holdings Insurance Services
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: left thigh, knee(s), hip(s), foot, back, back muscles, spine, spinal cord

LC §5909LC §5900LC §3202LC §4709LC §5701LC §5906LC §5901LC §5950LC §5952LC §5903LC §5313CCR §10600CCR §10787

Summary

Applicant Noel Alvarez Ramirez sustained an industrial injury on May 1, 2025 while working for a farm labor contractor. The WCJ found defendant failed to prove applicant was a seasonal worker and awarded temporary disability indemnity from June 17, 2025 ongoing at $383.58 weekly. Defendant sought reconsideration, arguing applicant's own testimony established seasonal employment with no off-season earnings, defeating off-season TD entitlement. The Board addressed the section 5909 timeliness issue (finding equitable tolling under Shipley because it received notice late), and on the merits found the record insufficient to either support or oppose the WCJ's findings. The Board granted reconsideration, rescinded the F&A, and remanded for further development of the record regarding applicant's intended position, employment duration, and the basis for the alleged season end date.

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.

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.