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FRESNO — The families of 13 tomato pickers killed on their way home from work and two survivors are eligible for more than $2 million after a judge ruled that their commute was covered under workers’ compensation. 

In a decision made public Friday by the Worker Compensation Appeals Board, a judge ruled that the farmworkers were exceptions to a “going and coming” rule that prevents commuters from collecting workers’ comp benefits. 

Green Valley Ag, a farm labor contractor, and Terra Linda Farms were found liable to pay workers’ comp claims and death benefits to the victims of the Aug. 9, 1999 crash in Five Points, west of Fresno. 

“It’s been something that I’ve been waiting for,” said crash survivor Lucila Gonzalez, 23, who had several surgeries to repair her liver. “I cried a lot. They had to take me to the bathroom and shower me. I couldn’t move for three months.” 

The workers were headed home in the early morning when their van slammed into a big-rig truck that was making an illegal turn, killing all but two of the tomato pickers. 

The crash spurred reform of farm worker transportation vehicles, requiring seats and seat belts in vans. 

Judge Stephen Webster said the survivors could collect workers’ comp because they were required to use the labor contractor for transportation and both the labor contractor and the grower benefited from the transportation they were provided. 

Each family will be entitled to $200,000 in death benefits, said Robert Perez, the farmworkers’ attorney. The companies will also pay past medical bills and medical benefits for life. Gonzalez’ bills totaled $1.1 million. 

Javier Alabart, a lawyer for Green Valley Ag and its insurance company, said it was not immediately clear if his clients would appeal. 

He said the case was difficult because the law is slanted in favor of the workers and because the facts were so horrible. 

“It’s a heart wrenching case because you have relatively young people, hard working individuals working for minimum wage, with families here or in Mexico and they’re dead,” Alabart said. “There’s not much you can do about that.” 

Alabart emphasized that the Workers Compensation Appeals Board is a no-fault system and the judge did not blame the contractor or the farm. However in a final comment, the judge made a scathing remark about conditions for farmworkers. 

“We, as a society, should be ashamed to allow our fellow human beings to be treated in this disgraceful and obscene manner,” Webster said.