Charles O'Keefe v. Top Notch Farms
2017 Ind. App. LEXIS 312
| Ind. Ct. App. | 2017Background
- Charles O’Keefe began working for Top Notch Farms in August 2013 and was hired as a general, full‑time worker who would “do other jobs other than just driving truck.”
- His duties included washing and servicing trucks, painting and sweeping farm buildings, hauling corn and soybeans, and hauling/managing manure and fertilizer; he was paid hourly (unlike outside drivers paid per load).
- On June 3, 2014, O’Keefe fell while standing on top of a tanker while it was being filled with liquid fertilizer and suffered serious injuries; Top Notch’s WC insurance had lapsed two days earlier.
- O’Keefe filed for workers’ compensation; a single hearing member and then the full Indiana Worker’s Compensation Board denied benefits, concluding he was a “farm or agricultural employee” excluded from the WCA.
- On appeal O’Keefe argued he primarily operated a semi‑truck (non‑agricultural work) and thus was covered; the Court of Appeals reviewed the paper record and affirmed the Board, finding the “whole character” of his work was agricultural.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether O’Keefe was a “farm or agricultural employee” excluded from the WCA | O’Keefe: primarily a semi‑truck driver; hauling did not include applying fertilizer or working in fields, so his work was non‑agricultural | Top Notch: he was hired for general farm tasks; hauling manure/fertilizer and transporting crops were integral to farm operations; paid hourly as farm employee | Court: whole character of employment was agricultural; affirmed Board’s denial of WC benefits |
Key Cases Cited
- Gerlach v. Woodke, 881 N.E.2d 1006 (Ind. Ct. App. 2008) (determining agricultural status by the "whole character" of the work rather than the task at injury)
- Makeever v. Marlin, 174 N.E. 517 (Ind. Ct. App. 1931) (explaining that the whole character of employment, not a single task or location, determines farm‑labor status)
- Smart v. Hardesty, 149 N.E.2d 547 (Ind. 1958) (transporting crops can be agricultural work)
- Ward v. Univ. Notre Dame, 25 N.E.3d 172 (Ind. Ct. App. 2015) (standard of review for Board decisions on paper record; defer to Board’s factual findings and agency interpretation)