(a) As used in this Code section, the term:
(1) "Work based learning placement" or "placement" shall have the same meaning as in Code Section 34-9-430.
(2) "Work based learning student" or "student" shall have the same meaning as in Code Section 34-9-430.
(b) Notwithstanding the provisions of paragraph (2) of Code Section 34-9-1:
(1) A work based learning student in a paid work based learning placement for an employer shall be deemed an employee of such employer for purposes of workers' compensation coverage; and
(2) A work based learning student in an unpaid work based learning placement for an employer shall be deemed an employee of such employer for purposes of workers' compensation coverage unless all of the following conditions apply:
(A) The placement, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment;
(B) The placement is for the benefit of the student;
(C) The student does not displace regular employees, but works under close supervision of existing staff;
(D) The employer that provides the training derives no immediate advantage from the activities of the student; and on occasion its operations may actually be impeded;
(E) The student is not necessarily entitled to a job at the conclusion of the placement; and
(F) The employer and the student understand that the student is not entitled to wages for the time spent in the placement.
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