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Hallal v. RDV Sports, Inc.
Citations: 682 So. 2d 1235; 114 Educ. L. Rep. 718Docket: 96-0989
Court: District Court of Appeal of Florida; November 21, 1996; Florida; State Appellate Court
Keith Hallal appeals a final summary judgment in favor of RDV Sports, Inc. and Orlando Magic, Ltd., which ruled that workers' compensation was his exclusive remedy for injuries sustained while interning with the Magic. The court found Hallal to be an "employee" under the Florida Workers' Compensation Act at the time of his injury. Hallal, a full-time student at the University of Massachusetts, had an internship with the Magic’s marketing office. He sustained an ear injury from a wall-mounted radio antenna and later sued the Magic for negligence. The Magic sought summary judgment, asserting immunity under workers' compensation laws, which the trial court granted. Under Section 440.03 of the Florida Statutes, all employers and employees are bound by workers' compensation provisions. The statute defines "employee" to include persons engaged in employment for remuneration. Hallal argued he was a "volunteer" because he did not receive monetary payment; however, the court found he did receive remuneration—$25 per game attended, totaling $250 for ten games. Furthermore, even if Hallal had not received monetary compensation, the court noted that his participation in the internship was valuable consideration for his degree requirements, akin to wages. The court cited precedents where unpaid internships or apprenticeships were deemed compensable due to their necessity for educational qualifications. The decision was affirmed, with the judges concurring.