Georgia Property & Casualty Practice Exam

Can a landscaper employed by Enrique recover benefits through Oberon Investments' workers compensation policy?

1. Yes, because the landscaper was injured in the course of his employment.

2. No, because the landscaper is not an employee of Oberon.

3. Yes, because Enrique's home office extends the firm's scope of employment.

4. No, because Oberon did not pay the landscaper.

The correct answer is: No, because the landscaper is not an employee of Oberon.

The correct answer focuses on the relationship between the landscaper and Oberon Investments. For an individual to recover benefits through a workers' compensation policy, they must be considered an employee of the entity providing the insurance. In this situation, the landscaper is described as being employed by Enrique, not Oberon. Thus, he does not have an employment relationship with Oberon Investments, which means he would not be covered under their workers' compensation policy. Understanding the employment status is essential for workers' compensation claims; coverage typically applies only to those formally classified as employees under the policyholder. If the landscaper is employed by someone else, such as Enrique, he falls outside the coverage of Oberon's policy, regardless of the nature of his work. Additionally, while circumstances like the location of work or extensions of employment scope might affect certain liabilities, the foundational criterion remains that the worker must be employed by the insurer or policyholder to claim benefits through their workers' compensation system.