Student Interns as "Employees"

Is a student intern an "employee" of the school where she does her student teaching for purposes of the Florida Workers' Compensation Act?  Nope.  So says the First District Court of Appeal in Orange Co. School Bd. v. Powers, reversing the order of the JCC who had concluded otherwise.  Neither was she a covered "volunteer" under s.440.02(15)(d)6, Fla. Stat.  (The school board had filed a claim for contribution against the University of Central Florida - the university at which the intern was enrolled at the time of her accident - but the JCC denied that claim).

 

Although not disccussed in the opinion, I believe it raises another interesting point.  If the intern is not a covered "employee," then I don't believe the school board would enjoy immunity from tort liability for these injuries, either.  

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Florida Workers' Compensation Law Blog - October 10, 2007 7:06 AM
In Orange Co. School Bd. v. Powers, a case which I wrote about here, the First District Court of Appeal held that a student intern was not an "employee" of the school board for purposes of the Florida Workers' Compensation...
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