Virginia Lay Lawn Service v. Cain

OPINION

BAILEY, Judge:

Virginia Lay Lawn Service (Employer) seeks review of an order of a three-judge panel of the Workers’ Compensation Court affirming the Trial Court’s award of benefits to Donald Cain (Claimant). In this appeal, Employer maintains the Workers’ Compensation Court lacked jurisdiction over the matter under statute exempting “horticultural” employees from workers’ compensation coverage.1

As Employer’s name indicates, Employer operates a lawn service. Employer’s services included mowing lawns, planting grass seed or sod when and where needed, fertilizing, picking up trash,…