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| | Mexico Holds California to a “Going and Coming” Exception Ruling By Robert Warne - October 15, 2002Mexican government officials handed out symbolic workers’ compensation checks from California Oct. 11 to settle the claims of 15 immigrant farm workers’ involved in a tragic van accident in 1999. The checks totaling nearly $2 million went to the families of 13 farmworkers who were killed and two other individuals who survived the accident outside of Fresno.
The settlements were made possible after Stephen Webster, the presiding workers’ compensation judge in Fresno, ruled March 1, that this case was an exception to California’s “going and coming” rule.
In his decision he found 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 regardless of who caused the accident.
According to the Associated Press, the Mexican government handed out symbolic checks Friday to keep the victims and their families from being robbed. The actual checks will be handed out at a later date.
The AP also noted that the victims had sued the driver of the truck and his employer and won a $4 million settlement, which would be distributed among the family members of those who died and the two survivors. |