A workers’ compensation Claimant alleged a right shoulder injury from painting a wall for her employer, a medical doctor.
In deposition testimony, she admitted that the alleged accident occurred while she was painting a wall in the dining room of the doctor’s home and sought workers’ compensation benefits while asserting that she was in the course and scope of employment, which the Carrier contested.
The Judge of 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. Moreover, the Judge concluded that the Claimant’s activities, at the time of the accident, were not in the course and scope of her employment for the Employer’s medical practice.
HM&B partner Matthew Colgrove secured a complete defense ruling in favor of the Carrier. The Court’s denial and dismissal of compensability avoids liability for all petitioned for benefits to include claims for attorney’s fees and costs, with prejudice.
Job well done by Matthew and his team!
