Gerlach v. Woodke

OPINION ON REHEARING

ROBB, Judge.

In Gerlach v. Woodke, 881 N.E.2d 1006 (Ind.Ct.App.2008), we addressed whether the Full Worker’s Compensation Board (the “Board”) properly affirmed a hearing member’s conclusion that Larry Woodke was eligible for worker’s compensation benefits following an injury he sustained while in the employment of Gary Gerlach. Woodke’s eligibility for benefits turned on whether he was a farm or agricultural employee within the meaning of Indiana Code section 22-3-2-9(a), which precludes such employees from recovering benefits for work-related injuries. Applying the “dual…