Farm Labor Reparations By Robert Warne - March 4, 2002
There was a small victory March 1 for the victims of a tragic 1999 van accident outside of Fresno. The Workers’ Compensation Appeals Board ruled that families of the 13 farm workers who were killed and two survivors would be eligible for more than $2 million in workers’ compensation benefits.
Initially the issue of liability was disputed in this case. There was no question the big-rig was making an illegal turn when the van carrying the tomato pickers crashed into it. But California’s “going and coming” rule typically protects employers from being liable for workers’ compensation if the employee is involved in an accident commuting to or from work.
Judge Stephen Webster found this case to be an exception and ruled Green Valley Ag, a farm labor contractor, and Terra Linda Farms liable to pay workers’ compensation claims and death benefits to the victims and their families. Because the workers were required to use Green Valley Ag for transportation—and Green Valley Ag and Terra Linda Farms benefited from providing transportation—the “going and coming” rule didn’t apply to them in this situation.
Robert Perez, the farm workers’ attorney said, each family will be entitled to $200,000 in death benefits and the companies will be responsible for incurred medical expenses for life.
Adjuster / Examiner Claims Examiner Santa Ana Unified School District Santa Ana, CA
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