SARAH E. BROWN, APPELLANT,
v.
GLABVO DREDGING CONTRACTORS, A JOINT VENTURE CONSISTING OF GREAT LAKES DREDGE & DOCK COMPANY, AN ILLINOIS CORPORATION, AMSTERDAM BALLAST DREDGING, A FOREIGN CORPORATION, AND VO2 DREDGING, A FOREIGN CORPORATION, APPELLEES; GLABVO DREDGING CONTRACTORS, A JOINT VENTURE CONSISTING OF GREAT LAKES DREDGE & DOCK COMPANY, AN ILLINOIS CORPORATION, AMSTERDAM BALLAST DREDGING, A FOREIGN CORPORATION, AND VO2 DREDGING, A FOREIGN CORPORATION, CROSS-APPELLANTS, V. SARAH E. BROWN, CROSS-APPELLEE

Fla. 2d DCA | 1980-07-23
No. 79-1497
HOBSON, Acting C. J., and OTT and RYDER, JJ., concur.
386 So. 2d 53 Florida District Court of Appeal, Second District (1980) Positive Treatment
Cited by 4 cases

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Synopsis

Sarah Brown appealed a summary judgment denying her claim for contractual workmen's compensation benefits after her husband's death while working as a seaman. The court affirmed, holding that recovery under the Jones Act precluded duplicate recovery of workmen's compensation benefits and that the employer had satisfied its contractual obligation by providing insurance coverage.


Holding

The court held that recovery under the Jones Act precluded duplicate recovery of workmen's compensation benefits. Florida law does not permit workmen's compensation when recovery is possible under the Jones Act, and Louisiana law excludes compensation for crew members in foreign commerce. The employer satisfied its contractual obligation by procuring the insurance policy.


Headnotes

[1] Recovery under the Jones Act does not preclude recovery under state workmen's compensation laws.

[2] A prior federal cause of action does not bar a subsequent action based on state compensation law.

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Key Quotes

“Florida does not permit workmen's compensation when recovery is possible under the Jones Act. Section 440.09(2), Florida Statutes (1979). Likewise, Louisiana excludes compensation for crew members in foreign commerce.”

Establishes that both applicable state laws provide exclusive remedies that preclude duplicate recovery of workmen's compensation benefits

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Facts & Procedural History

Bobie Brown was employed as a seaman by Glabvo Dredging Contractors under a contract requiring the employer to furnish workmen's compensation insuranc…

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Opinion of the Court
PER CURIAM.

[*54] PER CURIAM.

Sarah Brown appeals the entry of summary judgment against her decedent’s claim for contractual death benefits, alleging that the lower court erred in finding that her recovery under the Jones Act precluded other workmen’s compensation benefits. We affirm.

Appellee Glabvo employed appellant’s decedent, Bobie Brown, as a seaman under an employment contract providing “ARTICLE XII — The employer shall furnish workmen’s compensation insurance benefits . . .” Apparently in compliance with this contractual provision, Glabvo procured an insurance policy for the project with Fidelity & Casualty Company of New York, providing for voluntary workmen’s compensation coverage in compliance with laws of the state of Louisiana, and coverage for any liability to maritime crew members. Brown was killed while working off the coast of Saudi Arabia.

Appellant subsequently recovered $204,-000.00 in an action brought under the Jones Act, Death on the High Seas Act, and General Maritime Law of the United States. Appellant then filed this action to obtain payment of workmen’s compensation benefits due under the voluntary compliance with Louisiana law.

The contract requires the employer to furnish workmen’s compensation insurance benefits. Workmen’s compensation is the name commonly used to designate the methods and means created by statute for giving greater protection and security to the workman. United Airlines Transport Corp. v. Industrial Commission, 107 Utah 52, 151 P. 2d 591, 594 (1944). That appellee provided insurance benefits to cover claims under workmen’s compensation laws is undisputed. Appellant in fact recovered workmen’s compensation benefits under federal legislation providing for benefits to seamen. No breach of the employment contract is presented by the evidence below.

We note that the prior federal cause of action did not bar a subsequent action based on state compensation law, should any apply. The federal and state action, based on separate legislative enactments, would each be a distinct cause of action. See Cole v. First Development Corp. of America, 339 So. 2d 1130 (Fla. 2d DCA 1976). A plaintiff probably could join federal and state compensation actions if he was uncertain which applied. See 32 Am. Jur.2d Federal Employers’ Liability, etc., § 67 (1967). However, those remedies are usually exclusive by their terms; the election depends on whether federal jurisdiction attaches. Florida does not permit workmen’s compensation when recovery is possible under the Jones Act. Section 440.09(2), Florida Statutes (1979). Likewise, Louisiana excludes compensation for crew members in foreign commerce. La.Rev.Stat. Ann. § 23:1037 (West).

Below, appellant has shown no breach of the employment contract by appellee, nor any additional cause of action on which recovery could be made. No justiciable issues of material fact remain, and the summary judgment was properly granted.

AFFIRMED.

HOBSON, Acting C. J., and OTT and RYDER, JJ., concur.


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Cited By

  • Urbanak v. Hinde, 497 So. 2d 276 (Fla. 3d DCA 1986)
    …minimize the cost of the workers’ compensation system. United States v. Lorenzetti, 467 U.S. at 175, 104 S.Ct. at 2290, 81 L.Ed.2d at 143; Aetna Casualty & Surety, Inc. v. Bortz, 271 So. 2d 108, 111 (Fla.1972); Brown v. Glabvo Dredging Contractors, 386 So. 2d 53 (Fla. 2d DCA 1980). There is, then, in our view, no principled reason for the Florida Legislature to have exempted workers’ compensation payments made under Florida law from consideration as a collateral source while allowing workers’ compensation…
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  • Hanson v. Gimrock Constr., Inc., 807 So. 2d 167 (Fla. 3d DCA 2002)
    …d thus subject to the Jones Act, see Lauritzen v. Larsen, 345 U.S. 571, 73 S.Ct. 921, 97 L.Ed. 1254 (1953), a Florida worker’s compensation claim almost certainly did not lie, see § 440.09(2), Fla. Stat. (1994); Brown v. Glabvo Dredging Contractors, 386 So. 2d 53, 54 (Fla. 2d DCA 1980)(“Florida does not permit workmen’s compensation when recovery is possible under the Jones Act. Section 440.09(2), Florida Statutes (1979).”), such a proceeding was indeed commenced and recognized without objection by the emplo…

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