ADJ20699429 — California WCAB decision

What the panel ordered

Petition for Reconsideration denied

Petition for Reconsideration filed by defendant and denied by the Appeals Board panel

What was disputed, and how it came out

Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.

AOE/COEApplicant prevailedleft knee · right ankle · right lower leg · foot · right chest · hips · back

The Appeals Board found the preponderance of the evidence supported the WCJ's finding that applicant was not a seasonal employee and had a reasonable expectation of continued employment, based on credible testimony and lack of evidence that applicant was informed of seasonal or temporary status.

From the decision · page 5Here, the crux of the issue is whether applicant was a seasonal employee or a regular employee, that is, one with the expectation of continued employment because the determination affects calculation of applicant's AWW and temporary disability rate. For the reasons detailed below, we find the preponderance of the evidence does support the WCJ's finding that applicant was not a seasonal employee.

The facts that decided it

What the panel treated as outcome-determinative, and which side it favoured.

The rules the panel named

Authorities as the decision cited them, with how this panel applied each one.

Labor Code section 5909

The Appeals Board must act on a petition for reconsideration within 60 days of transmission of the case to the Appeals Board.

From the decision · page 2Former Labor Code section 5909 provided that a petition for reconsideration was deemed denied unless the Appeals Board acted on the petition within 60 days from the date of filing. (Lab. Code, § 5909.) Effective July 2, 2024, Labor Code section 5909 was amended to state in relevant part that:

8 CCR 10116.9(q)

Defines seasonal work as daily hire, project hire, or annual season hire relevant to determining seasonal employment status.

From the decision · page 4Whether an employee is a seasonal employee or a regular full-time employee can affect the calculation of temporary disability indemnity. A seasonal employee's AWW is determined based on in-season earning capacity and off-season earning capacity. (See Jimenez v. San Joaquin Valley Labor, Superior Nat'l Ins. Co. (Jimenez) (2002) 67 Cal.Comp.Cases 74, 79 (Appeals Board en banc); Ochoa, supra, at p. 803.) "Seasonal work" as defined by AD Rule 10116.9(q) means employment as a daily hire, a project hire, or an annual season hire. (Cal. Code Regs. tit. 8, § 10116.9(q).) True seasonal employees are those "who work reasonably identifiable and defined seasons of reasonably identifiable and defined duration." (Jimenez, supra, at p. 79, fn 9.)

Jimenez v. San Joaquin Valley Labor, Superior Nat'l Ins. Co. (2002) 67 Cal.Comp.Cases 74

Seasonal work defined and factors for determining seasonal employment status discussed.

From the decision · page 4Whether an employee is a seasonal employee or a regular full-time employee can affect the calculation of temporary disability indemnity. A seasonal employee's AWW is determined based on in-season earning capacity and off-season earning capacity. (See Jimenez v. San Joaquin Valley Labor, Superior Nat'l Ins. Co. (Jimenez) (2002) 67 Cal.Comp.Cases 74, 79 (Appeals Board en banc); Ochoa, supra, at p. 803.) "Seasonal work" as defined by AD Rule 10116.9(q) means employment as a daily hire, a project hire, or an annual season hire. (Cal. Code Regs. tit. 8, § 10116.9(q).) True seasonal employees are those "who work reasonably identifiable and defined seasons of reasonably identifiable and defined duration." (Jimenez, supra, at p. 79, fn 9.)

Gamez v. Cal Enterprise Labor Solutions (2020) 85 Cal.Comp.Cases 871

Determination of seasonal vs. regular worker is fact-driven, with pre-injury evidence more probative.

ADJ20699429 · September 15, 2025

What the panel ordered

What was disputed, and how it came out

The facts that decided it

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The rules the panel named

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