FANNY HAMMEL, D/B/A ROYAL CONSTRUCTION CLEANING/CENTURY VILLAGE EAST, INC., APPELLANTS,
v.
FLORENCE PITTMAN, APPELLEE
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Century Village East, Inc. appeals a workers' compensation order finding it liable for benefits owed to Pittman, an employee of Hammel, a subcontractor. The court affirms that Pittman was an employee rather than an independent contractor, but reverses the finding that Century Village East was liable because no valid contractor-subcontractor relationship existed between them.
Pittman was an employee of Hammel rather than an independent contractor, but Century Village East was not liable for workers' compensation because no valid contractor-subcontractor relationship existed between Century Village East and Hammel.
[1] An employer-employee relationship is established by factors such as the regularity of employment, the type of labor performed, and the employer's ability to terminate emp…
[2] A general contractor is liable for workers' compensation benefits to employees of a subcontractor engaged in contract work, unless the subcontractor has secured their own…
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Join FLexlaw to unlock all legal intelligence“The status of an independent contractor depends upon the parties' dealings with each other and the existence of a sufficient group of favorable factors to establish the relation.”
Establishes the standard for determining independent contractor vs. employee status
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Join FLexlaw to unlock all legal intelligencePittman worked for Fanny Hammel, doing construction-related work. Century Village East, Inc. was building condominiums for itself for resale and engag…
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PER CURIAM.
Century Village East, Inc. appeals the deputy’s order finding that appellee was an employee of Fanny Hammel, d/b/a Royal Construction Cleaning and that Fanny Hammel was a subcontractor of Century Village East, Inc., the owner and general contractor responsible for workers’ compensation coverage for the appellee. We fully agree that claimant was not an independent contractor, but we must reverse on the ground that Century Village East, Inc. is not an employer within the meaning of Section 440.10(1), Florida Statutes (1977).
The status of an independent contractor depends upon the parties’ dealings with each other and the existence of a sufficient group of favorable factors to establish the relation. Cantor v. Cochran, 184 So. 2d 173, 174 (Fla.1966). Although there were factors pointing in each direction, suffice it to say that the regularity of appel-lee’s employment, the type of labor performed, and Hammel’s ability to fire appel-lee without liability, justify the finding of an employer-employee relationship versus an independent contractor relationship. Cantor v. Cochran; Brewer v. Cueto, 379 So. 2d 1322 (Fla. 1st DCA 1980).
Although the deputy properly concluded that appellee was an employee of Hammel, this does not settle the issue of whether Century Village East, Inc. was liable to appellee for workers’ compensation benefits. The evidence revealed that Century Village East, Inc. was not only the general contractor, but that it was building condominiums for itself for resale. Under Section 440.10, in case a contractor sublets any part of his contract work to a subcontractor, all of the employees of the subcontractor engaged on such work are deemed to be employed in the same business, and the contractor is liable for payment of workers’ compensation to the employees, except to employees of a subcontractor who has secured the same. In this instance there is no contractor-subcontractor relationship between Century Village East, Inc. and appellee’s employer, Hammel, because Century Village East, Inc. had no primary obligation under a contract, which it passed on to Hammel as subcontractor. Jones v. Florida Power Corporation, 72 So. 2d 285 (Fla.1954); Southseas Plantation, Ltd. v. Acevedo, 387 So. 2d 1035 (Fla. 1st DCA 1980); State v. Luckie, 145 So. 2d 239 (Fla. 1st DCA 1962). Accordingly, that portion of the order requiring Century Village East, Inc., as employer, to pay workers’ compensation benefits must be reversed.
ROBERT P. SMITH, Jr., BOOTH and SHAW, JJ., concur.
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The Miami Herald Publ'g v. Hatch, 617 So. 2d 380 (Fla. 1st DCA 1993)…agreement between the contractor and subcontractor. See Sheedy v. Vista Properties, Inc., 410 So. 2d 561, 563 (Fla. 4th DCA), rev. den., 419 So. 2d 1201 (Fla.1982); Barrow v. Shel Prods., Inc., 466 So. 2d 281 (Fla. 1st DCA 1985); Hammel v. Pittman, 389 So. 2d 1220, 1221 (Fla. 1st DCA 1980); Street v. Safway Steel Scaffold Co., 148 So. 2d 38 (Fla. 1st DCA 1962). An entity working solely for itself, rather than performing contract work for another, does not meet the criteria for statutory employer. See Cadillac…
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Chase v. Tenbroeck, 399 So. 2d 57 (Fla. 3d DCA 1981)…e work, is a contractor within the meaning of section 440.10 and thus is the statutory employer of the employees of its subcontractors as well as of its own employees. Favre v. Capeletti Brothers, Inc., 381 So. 2d 1356 (Fla.1980); Hammel v. Pittman, 389 So. 2d 1220 (Fla. 1st DCA 1980). Workmen’s compensation immunity derives from a vertical relationship between a contractor and his subs. See Smith v. Ussery, 261 So. 2d 164 (Fla.1972); C & S Crane Service, Inc. v. Negron, supra. A subcontractor may engage a sub…
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Pullam v. Hercules Inc., 711 So. 2d 72 (Fla. 1st DCA 1998)…So. 2d 380, 381 (Fla. 1st DCA 1993). See Gator Freightways, Inc. v. Roberts, 550 So. 2d 1117 (Fla.1989); Jones v. Florida Power Corp., 72 So. 2d 285 (Fla.1954); Sheedy v. Vista Properties, Inc., 410 So. 2d 561 (Fla. 4th DCA 1982); Hammel v. Pittman, 389 So. 2d 1220 (Fla. 1st DCA 1980); South Seas Plantation, Ltd. v. Acevedo, 387 So. 2d 1035 (Fla. 1st DCA 1980); Foulk v. Perkins, 181 So. 2d 704 (Fla. 2d DCA 1966). Other states’ workers’ compensation laws are written broadly enough to cover any employee who hel…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jones v. Fla. Power Corp., 72 So. 2d 285 (Fla. 1954)
- Cantor v. Robert Cochran & the Fla. Indus. Comm'n, 184 So. 2d 173 (Fla. 1966)
- State v. Luckie, 145 So. 2d 239 (Fla. 1st DCA 1962)
- Brewer v. Cueto, 379 So. 2d 1322 (Fla. 1st DCA 1980)
- S. Seas Plantation, Ltd. v. Hipolito Acevedo, 387 So. 2d 1035 (Fla. 1st DCA 1980)