Appleman v. Employment Division

Petitioner seeks judicial review of an order of the Employment Appeals Board (Board) denying petitioner’s claim for unemployment benefits.

The sole issue involved is whether claimant’s employment as a field worker on employer’s tree nursery is “agricultural labor” and, therefore, excluded from unemployment insurance coverage. ORS 657.045. ①

The facts are not in dispute. The employer, Industrial Forestry Association, operates a 60-acre tree seedling nursery. The seeds are specially prepared by the employer and planted in raised beds of soil in its nursery. The soil is plowed, tilled, disced,…