Mary Kathy Powers worked as a paraprofessional for the Orange County School Board (OCSB). She took an unpaid leave of absence in April 2003 to continue her full-time studies at the University of Central Florida (UCF) in order to obtain a degree in education. Powers was assigned to intern in a classroom for exceptional students at an elementary school in Orange County. She paid UCF for 12 semester hours so she could participate in the internship. OCSB did not pay Powers for her services in the internship.
A student shoved Powers from behind, she hit a wall, and sustained injuries. She reported the incident to the school, which completed a visitor accident/incident report. She then asked about medical treatment and the school directed her to contact UCF. UCF told Powers that it was not responsible for her injuries. She then filed a petition for benefits from OCSB, which it denied because Powers was not an employee of OCSB at the time of the accident.
Florida law defined “employee” to mean any person who receives remuneration from an employer for the performance of any work or service while engaged in any employment under any appointment or contract for hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and includes, but is not limited to, aliens and minors.
The Judge of Compensation Claims (JCC) determined that Powers was an employee of OCSB at the time of her injuries. This was because she received remuneration or valuable consideration from OCSB, even though she did not receive any monetary remuneration because the internship was required in order for Powers to obtain her degree in education. OCSB appealed.
The appellate court rejected the JCC’s interpretation of the definition of employee and order based on the following:
Powers’ receipt of education in exchange for tuition was not considered remuneration within the scope of the Florida workers compensation law.
Education received in exchange for payment of tuition is not “remuneration” for purposes of workers compensation coverage.
The law that extended legal protections afforded to certified educators to also extend to postsecondary students in state-approved teacher preparation programs working under the supervision of certified educators did not apply to workers compensation benefits a student working as an intern in a public school sought for injuries she sustained in the classroom. This is because the statute specifically excepts workers compensation benefits.
Powers was not eligible for workers compensation benefits because she was not a volunteer. She worked as an unpaid intern as her degree program required and was there to further her personal goal of completing required coursework instead of aiding the school.
The appellate court reversed the JCC’s order because Powers did not meet the definition of employee and remanded the case for further handling consistent with this opinion.
District Court of Appeal of Florida, First District. Orange County School Board and United Self-Insured Services, Appellants, v. Mary Kathy Powers, University of Central Florida, and State of Florida, Division of Risk Management, Appellees. No 1D06–0069. June 13, 2007. 959 So.2d 370
