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Appeal of Routhier3/5/1999
rder to receive workers' compensation benefits.
We note, however, that it would be a formidable challenge to find an individual who mows a lawn or washes a window to be an employee of a homeowner under the existing test for an employment relationship. See RSA 281-A:2, VI; Petition of City Cab of Manchester, 139 N.H. 220, 221, 652 A.2d 1202, 1202-03 (1994). Because it is unclear what the legislature intended to include in the term "domestic," from its plain meaning, we encourage the legislature to define the term "domestics" rather than requiring us to define it on a case-by-case basis. Cf. Disco v. Board of Selectmen, 115 N.H. 609, 612, 347 A.2d 451, 453 (1975) (encouraging legislative enactment defining petition procedure and thereby eliminating need for court to define procedures post-petition).
Additionally, the petitioner argues that an endorsement to the Youngs' homeowner's insurance policy provides him with workers' compensation coverage regardless of the coverage provided under RSA chapter 281-A. If we assume, without deciding, that the petitioner can be entitled to workers' compensation coverage independent of the Workers' Compensation Law, the homeowner's policy does not help him. "The interpretation of insurance policy language is ultimately a question of law for this court to decide. In this effort, we look to the plain and ordinary meaning of words in their context, and construe the terms of the policy . . . based on more than a casual reading of the policy as a whole." Concord Gen. Mut. Ins. Co. v. Mitchell, 138 N.H. 229, 231, 637 A.2d 903, 904 (1994) (citations and quotation omitted).
The question before us is whether the petitioner was a "residence employee" as defined in the policy. The petitioner relies solely on the endorsement to the Youngs' homeowner's policy to define "residence employee." The endorsement, however, states that "residence employee" has the meaning stated in the policy. The policy defines "residence employee" as " n employee of an `insured' whose duties are related to the maintenance or use of the `residence premises', including household or domestic services." Thus, whether the petitioner has coverage under the homeowner's policy depends on whether the petitioner is an employee of the Youngs. See Allen v. Sentry Insurance, 137 N.H. 579, 581-82, 630 A.2d 780, 781-82 (1993).
The board ruled that the petitioner was not an employee of the Youngs. The petitioner does not challenge this ruling. Accordingly, we uphold the board's decision not to extend workers' compensation coverage to the petitioner absent an employment relationship with the Youngs.
Affirmed.
BRODERICK, J., did not sit; the others concurred.
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