Workers’ Compensation • “Seasonal Employment” • “Itinerant Agricultural Labor” • Healing Period • Retirement
Toigo Orchards, LLC v. Workers’ Comp. Appeal Bd., PICS Case No. 17-0434 (Pa. Commw. March 13, 2017) Cohn Jubelirer, J. (19 pages).
Workers’ compensation appeals board correctly held that claimant hired to drive a tractor during the apple harvest was “itinerant agricultural labor” and not a “seasonal employee” because a tractor driver could perform his work throughout the year, but erred in awarding a 10-week healing period because claimant was retired and collecting retirement benefits. Affirmed in part and reversed in part.
