Asplundh Tree Expert Co. v. WCAB (Humphrey)

In Asplundh Tree Expert Co. v. Workers' Compensation Appeal Board (Humphrey), 852 A.2d 459 (Pa. Cmwlth. 2004), the claimant was employed by the employer as a tree trimmer. The claimant went through safety training with the employer and was familiar with the employer's "ground-to-sky" policy. He understood the policy to mean that an employee must put his safety line into a tree first, find a crotch in which to put the line, and secure himself. He sustained injuries to his right arm and hand when he fell off of a tree. At the time of his accident, the claimant did not have his safety line in the crotch of a tree. He filed a claim petition, the WCJ granted the petition, and the Board affirmed. On appeal, we held that the claimant was required by the nature of his job as a tree trimmer to climb trees and that although he violated the employer's policy requiring him to be tied into a tree at all times, his violation was not so disconnected from his duties as to render him a stranger or a trespasser. Consequently, the Court affirmed the Board.