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STATE, DEPT. OF HEALTH, ETC. v. O'NEAL

No. UU-311.

400 So.2d 28 (1981)

STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES and Servicing Agent, Crawford and Company, Appellants, v. Donald O'NEAL, Appellee.

District Court of Appeal of Florida, First District.

As Corrected on Denial of Rehearing July 13, 1981.

Attorney(s) appearing for the Case

Richard G. Davis of Fowler, White, Gillen, Boggs, Villareal & Banker, Tampa, for appellants.

Matias Blanco, Jr., Tampa, for appellee.

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 institution...

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