State, Department of Health & Rehabilitative Services v. O'Neal

ERVIN, Judge.

In this workers’ compensation action, the appellants contend that the deputy commissioner erroneously determined that the claimant, an inmate at Tampa Correctional Center, was an “employee” within the ambit of Section 440.02, Florida Statutes (1979). We agree and reverse.

The Department of Corrections (DOC) and the Department of Health and Rehabilitative Services (HRS) entered into an agreement whereby five inmates from the correctional institution1 were regularly assigned to work on the grounds of the W. T. *29Edwards Building (a facility of HRS which was located near the center),…