Blaschock v. Workmen's Compensation Appeal Board

While I agree with the result reached by the majority, the remand to consider Section 309(f) of the Act1 in computing Claimant’s wages for compensation purposes, I must disagree with the majority’s view that Claimant, a laborer, was a “seasonal” employee when injured.

First, the construction industry is not a seasonal one. A seasonal occupation is one in which the “vocation” can only be carried out during a certain season of the year and, if the work that Claimant does can be performed by workers generally in every season, such as the dishwasher in Froehly v. Harton, 291 Pa. 157, 139 A. 727…