Workers’ Compensation · Primary-source case analysis

Jimenez: Seasonal Workers May Require Two Temporary-Disability Rates

By Aneeta Mishra and Timothy Chan

Published May 11, 2026

Decision: Jimenez v. San Joaquin Valley Lab., No. FRE 0147567 (WCAB Jan. 24, 2002) (en banc).

Jimenez explains how earning capacity changes across a seasonal work year.

The worker’s job was seasonal

The injured agricultural worker had different earning opportunities in and outside the work season.

Two earning periods required separate analysis

The Board required an in-season rate based on in-season capacity and an off-season rate based on off-season capacity, considering history, ability, skills, opportunities, and the labor market.

Rehabilitation did not erase the earnings inquiry

The statutory rehabilitation allowance did not justify a single maximum rate throughout both periods.

The award was rescinded and remanded

The WCAB returned the matter for findings consistent with the two-tier approach and remaining issues.

Key takeaways

• Document the worker’s earnings across multiple seasons.
• Develop evidence of off-season willingness and opportunity to work.
• Calculate in-season and off-season capacity separately.
• Apply the statutes governing the injury date.