WCPanelIQ
PanelDenied

Martin Castro et al. — ADJ16903801, ADJ16689751, ADJ17493829, ADJ16903295, ADJ16903722, ADJ16903753, ADJ16604010, ADJ16903824

MARTIN CASTRO, et al., Applicants vs. WAWONA PACKING; AMERICAN ZURICH INSURANCE COMPANY, administered by TRISTAR RISK MANAGEMENT, Defendants

ADJ number
ADJ16903801, ADJ16689751, ADJ17493829, ADJ16903295, ADJ16903722, ADJ16903753, ADJ16604010, ADJ16903824
Decision date
Oct 15, 2026
District office
Fresno
WCJ
—
Claim administrator
TRISTAR Risk Management (administering for American Zurich Insurance Company)
Commissioners
JOSÉ H. RAZO, COMMISSIONER, CRAIG L. SNELLINGS, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER
LC §5909LC §5900LC §3600LC §3202

Summary

Eight alleged Wawona Packing/Prima Wawona farm laborers were injured when a van carrying them crashed on July 22, 2022 at 5:10 am during their pre-dawn trip. The sole issue tried was whether the going and coming rule barred compensability. The WCJ found seven applicants sustained compensable AOE/COE injuries and that applicant Corona was not an employee at the time of injury. Defendant sought reconsideration arguing the going and coming rule barred recovery because the applicants were on their ordinary commute to a fixed worksite. The Board denied reconsideration for the seven employed applicants, applying the Hinojosa required-vehicle exception, and dismissed the petition in Corona's case (ADJ17493829), which defendant had withdrawn.

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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