A workers’ compensation Claimant alleged a right shoulder injury from painting a wall for her employer, Dr. Paul M. Popper. In the Claimant’s deposition testimony, she admitted that the alleged accident occurred while she was painting a wall in the dining room of Dr. Popper’s home. She also testified that 90% to 95% of the work she did for Dr. Popper was done at his home as opposed to the medical practice/business entity of Paul M. Popper, M.D., P.A. The Carrier denied compensability. Judge Frank Clark in the Office of the Judges of Compensation Claims, Ft. Myers District, agreed with the Carrier’s assertion that at the time the alleged accident occurred, the Claimant was working as a domestic servant in a private household. Such work is statutorily excluded from the definition of “employment” under Sec. 40.02(20)(c), Fla. Stat. Matthew J. Colgrove secured the favorable ruling on behalf of the Carrier, The Hartford / Hartford Underwriters Insurance Company. The Court’s denial and dismissal of compensability avoids liability for all claims for benefits to include attorney’s fees and costs.
