649 So. 2d 361 | Fla. Dist. Ct. App. | 1995
The claimant appeals a workers’ compensation order by which she was found to be a volunteer worker for a private entity, so as to be excluded from the statutory definition of employee by section 440.02(13)(d)3, Florida Statutes (1991). We conclude that the claimant was a volunteer worker for a governmental entity, so as to be included in the definition of employee.
The claimant offered her volunteer services to a governmental entity which sent her to the private entity, with the understanding that the claimant would be referred back to the governmental entity. This arrangement was apparently undertaken by the governmental entity with the hope of avoiding workers’ compensation coverage by invoking section 440.02(13)(d)3, which provides that the statutory definition of employee does not include a “volunteer, except a volunteer worker for the state or a county, city or other governmental entity.”
In finding that the claimant was a volunteer worker for the private entity which referred her back to the governmental entity, the judge gave effect to the governmental entity’s apparent intent in this regard. But such intent does not resolve the question of
The order is reversed and the case is remanded.
