Recently, Abes Baumann participated in an en banc argument before the Commonwealth Court of Pennsylvania revisiting the precedent that professional football players are “seasonal employees”under the Pennsylvania Workers’ Compensation Act. In the case of Pittsburgh Steelers Sports, Inc. v. Workers’ Compensation Appeal Board (Trucks), Tom Baumann argued that Mr. Trucks signed a yearly contract with the Steelers and as a year-round employee was required to perform year-round obligations for the team. Therefore, Mr. Trucks workers’ compensation benefits should be based upon the contract he signed.

Below, theWorkers’ Compensation Judge and Workers’ Compensation Appeal Board ruled in Mr. Trucks favor, finding his workers’ compensation benefits should be based upon the contract he signed with the Steelers. The Steelers appealed arguing that Trucks was a “seasonal employee.” The Commonwealth Court seemed skeptical of the Steelers’ claim that the contract was seasonal and questioned both sides on what constituted an NFL season. It appears that the Commonwealth Court will now revisit prior cases finding that football players are “seasonal employees”

See, “NFL Players Aren’t ‘Seasonal Employee’ Pa. Court Told” in www.law360.com for a summary of the Commonwealth Court argument.