CARIDAD SANCHEZ, ET AL., APPELLANTS,
v.
DADE COUNTY SCHOOL BOARD, ETC., APPELLEE
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PER CURIAM.
Caridad Sanchez, a middle school teacher, sued the Dade County School Board for negligence after she was sexually assaulted and beaten during her lunch period by a trespasser in the teachers’ parking lot.
The trial court granted summary judgment in favor of the School Board based on its workers’ compensation immunity.
We agree that by accepting workers’ compensation benefits, Sanchez was precluded from asserting a tort claim against her employer. See § 440.11, Fla. Stat. (1999).
We recently held in Dade County Sch. Bd. v. Laing, 731 So. 2d 19 (Fla. 3d DCA 1999) that the “unrelated works” exception to workers’ compensation immunity did not apply between a teacher and a custodian. “The fact that employees have different duties does not necessarily mean they are involved in ‘unrelated works.’... Because both were engaged in activities primarily related to the provision of education related services, the ‘unrelated works’ exception to the School Board’s immunity under Section 440.11(1) does not apply.” Id. at 20.
We see no distinction between the teacher-custodian relationship in Laing and the teacher-security personnel relationship in this case.
We therefore affirm.
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Taylor v. Sch. Bd. OF Brevard Cnty., 888 So. 2d 1 (Fla. 2004)…ether the co-employees are involved in different projects. Thus, the focus is upon the nature of the project involved, as opposed to the specific work skills of individual employees.” Id. (citation omitted); see also Sanchez v. Dade County Sch. Bd., 784 So. 2d 1172, 1172-73 (Fla. 3d DCA 2001) (adhering to Laing, holding teacher and security personnel were not engaged in unrelated works), review granted, 819 So. 2d 139 (Fla.2002). As in Vause, the Third District has broadly defined and expansively applied the “…
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Fitzgerald v. S. Broward Hosp. Dist., 840 So. 2d 460 (Fla. 4th DCA 2003)…ote that the unrelated works doctrine is currently under review by the supreme court. See Taylor v. Sch. Bd. of Brevard County, 790 So. 2d 1156 (Fla. 5th DCA 2001), review granted, 819 So. 2d 140 (Fla. Apr.25, 2002); Sanchez v. Dade County Sch. Bd., 784 So. 2d 1172 (Fla. 3d DCA 2001), review granted, 819 So. 2d 139 (Fla. Apr.30, 2002). The express legislative intent behind the worker’s compensation statute is to “assure the quick and efficient delivery of disability and medical benefits to an injured worker a…
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- Dade Cnty. Sch. Bd. v. Laing, 731 So. 2d 19 (Fla. 3d DCA 1999)