Nearly six years after a violent van crash killed four young Fresno-area members of the California Conservation Corps, the agency has been found guilty of “serious and willful misconduct’’ for failing to heed its own safety protocols leading up to the collision.
The ruling by a workers’ compensation judge in Fresno stems from the fatal wreck on Feb. 2, 2016, when a van carrying corps members to a job site rolled through a stop sign near Reedley and into the path of an 80,000-pound tractor-trailer going at least 50 mph.
It was the worst day in the 45-year history of the conservation corps, which puts young adults to work on environmental projects throughout the state. Dead at the scene were Rhonda Shackelford, 20, and Justin Van Meter, 21, of Clovis; and Serena Guadarrama, 18, of Fresno. Ronnie Cruz, 19, of Fresno, suffered catastrophic brain and spinal injuries but lingered more than three years in a near-vegetative state before dying in July 2019. All were recent recruits, two of them so new to the corps that they had yet to receive their first paycheck.
The tragedy spawned a flurry of lawsuits and workers’ compensation claims that have plodded on for years, some still unresolved. The “serious and willful’’ ruling by Judge Geoffrey H. Sims of the Workers’ Compensation Appeals Board in Fresno followed two days of hearings this year.
Under state workers’ compensation law, serious and willful misconduct is much worse than simple negligence and reflects deliberate harm or reckless disregard of employee safety. The finding is similar to a punitive damages ruling in a civil lawsuit, though the potential recovery is far less — an additional 50% of other benefits paid in connection with the claim.
“I’m happy,’’ said Ruth Shackelford, whose daughter Rhonda perished in the crash. “I knew they (the CCC) were at fault and I wanted them found at fault…. It did not have to happen.
“It could have been prevented if they had just listened to their employees,’’ Shackelford said, her voice shaking with emotion. ’’I miss my daughter a lot.’’
Lawyers for the state had argued that the deaths were “not due to any act or omission’’ by the CCC. Agency officials declined to comment on the ruling but said in a statement: “We have and still grieve for the Corpsmembers killed in the crash. Corpsmembers and staff are regularly reminded of the vital importance of compliance with safety rules and guidelines.
“Since the inception of the California Conservation Corps in 1976, more than 120,000 Corpsmembers have served the State of California. The CCC remains dedicated to providing pathways for young adults to transform their lives through environmentally focused training and education.”
The CCC hires 18- to 25-year-olds to plant trees, build trails and work on water and energy conservation projects on public lands in cities and rural areas around the state. About 30% of members are high school dropouts, and get help to obtain a general equivalency diploma, or GED.
Complaints about driver
The van driver, Nathan Finnell, who escaped with moderate injuries, was 20 at the time of the crash and had recently been promoted to a supervisory position. As detailed in an investigative report by the news organization FairWarning, corps members had complained about Finnell driving recklessly and clowning around behind the wheel, including on the morning of the wreck, when a member told supervisors that Finnell, the day before, drove off while he was closing the van door, causing injury to his shoulder.
An accident investigation by the California Highway Patrol found that 11 of 15 safety belts in the van were inoperative or unavailable because the belts and clasps had slipped through cracks in the seats and were behind them on the floor.
In his ruling, Judge Sims cited Finnell’s unsafe driving, and the agency’s failure to enforce its own safety rules, which require that vehicles pass a visual inspection of tires, lights, seatbelts and other components before being driven. The policy states that if deficiencies are found, the vehicle is to be placed out of service until repairs are made. “Clearly, had Employer followed its own protocols,” it ‘’would have triggered the substitution of another vehicle,” the judge wrote. “Sadly, it did not.’’
The CCC put Finnell on paid leave a few weeks after the accident and later fired him. He spent a month in jail following a plea agreement on misdemeanor vehicular manslaughter charges. When Finnell unsuccessfully appealed a suspension of his driver’s license, two CCC supervisors showed up at the hearing to support him. They “testified in essence that respondent (Finnell) is a safe driver,” according to the hearing officer’s written summary.
Efforts to reach Finnell were unsuccessful.
Death benefits
The case before Judge Sims highlighted an oddity, some would say an injustice, in California workers’ compensation law. When a worker killed on the job has no dependents, death benefits that would otherwise go to family members instead are claimed by the state. The Death Without Dependents Unit, a sub-agency within the California Department of Industrial Relations, puts the money in a trust fund for workers with preexisting disabilities who are later injured on the job.
As a result, prior to Sims’ ruling, $150,000 in death benefits for Guadarrama and Van Meter were claimed by the state. Rhonda Shackelford’s parents received $45,000 in benefits based on evidence they were partly dependent on their daughter’s help with rent and other bills.
“I think it’s a bad law,’’ said Greg Mullanax, a Fresno lawyer for two of the families. Death benefits “should go to the family regardless of whether they’re dependents or not. That’s one of the crazy things about workers’ comp law in California.’’
Additional death benefits triggered by a ‘’serious and willful’’ ruling do go to families, even if they weren’t dependents of the deceased workers. Following Sims’ ruling last month the CCC agreed not to file an appeal in return for a 10% discount on the additional benefit owed the families. As a result, survivors of Guadarrama and VanMeter families will get $67,500 apiece, and the Shackelfords $22,050.
Ronnie Cruz received more than $2.8 million in workers’ compensation, nearly all of it to reimburse medical providers during the three-plus years he remained alive. As a result, with the ‘’serious and willful’’ finding $1,280,174 in additional benefits will go to his estate, less attorney’s fees.
“We did as much as can be done to bring a semblance of justice to these families,’’ said Christopher Asvar, a Los Angeles attorney for the Cruz estate. “But I think not a single one of these families would trade 50 times this money for five minutes with the kids. Just five extra minutes.’’
Despite the CHP finding Finnell solely at fault, the families earlier this year reached a $900,000 settlement with the trucking firm that employed the big rig driver.
Separately, in a pending lawsuit in Fresno County Superior Court, lawyers for Cruz’s sister are seeking damages from Fresno County, alleging that it failed to improve traffic controls despite a history of accidents at the intersection where the wreck occurred. Lawyers for the county say the claim is without merit.
This story was originally published December 16, 2021 5:00 AM.