CHARLES WOODEN, APPELLANT,
v.
PLOOF TRUCK LINES, INC., APPELLEE
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Florida appellate court reversed workers' compensation denial and remanded for reconsideration under § 440.10, which permits a trucking company to be a statutory employer of a leased truck driver despite lacking actual employment control.
A trucking company may be the statutory employer of a driver of a leased truck under § 440.10, Florida Statutes, even without an actual employment relationship.
[1] Under § 440.10, Florida Statutes, a trucking company may be the statutory employer of a driver of a leased truck for workers' compensation purposes, even though no actual…
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Join FLexlaw to unlock all legal intelligenceWooden was injured while driving a truck owned by Jasper Harley and leased by Ploof Truck Lines. The deputy commissioner found Wooden was an employee …
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WENTWORTH, Judge.
Charles Wooden, claimant, appeals a workers’ compensation order by which a claim for benefits was denied. The deputy commissioner determined that the requisite degree of control necessary to support an employer/employee relationship was lacking, and concluded that claimant was not an employee of Ploof Truck Lines, Inc. We reverse the order appealed, and remand for further consideration by the deputy.
Claimant was injured while driving a truck owned by Jasper Harley and leased by Ploof Truck Lines. The deputy found that claimant was an employee of Harley, but not of Ploof. In making this decision the deputy relied on A Nu Transfer Inc. v. Department of Labor & Employment Security, 427 So. 2d 305 (Fla. 3d DCA 1983). However, the record does not indicate any consideration by the deputy as to the applicability of § 440.10, Florida Statutes (1980). In Barrow v. Shell Products, Inc., 466 So. 2d 281 (Fla. 1st DCA 1985), a decision rendered subsequent to the deputy’s order in the present case, this court established that pursuant to § 440.10 a trucking company may be the statutory employer of a driver of a leased truck. The claimant in Barrow was held to be the trucking company’s statutory employee even though no actual employment relation was found to exist.
Accordingly, we reverse and remand to the deputy commissioner for consideration as to the applicability of § 440.10, Florida Statutes (1980), in light of our decision in Barrow.
JOANOS and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Orama v. Dunmire, 552 So. 2d 924 (Fla. 1st DCA 1989)…s’ compensation coverage under section 440.10(1), Florida Statutes. This court has held that under section 440.10, a statutory employment relationship may be found to exist even where no actual employment is found. Wooden v. Ploof Truck Lines, Inc., 482 So. 2d 611 (Fla. 1st DCA 1986); Barrow v. Shel Products, Inc., 466 So. 2d 281 (Fla. 1st DCA 1985). Section 440.10 states in pertinent part: (1) ... In case a contractor sublets any part or parts of his contract work to a subcontractor or subcontractors, all o…
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William L v. Tri-State Motor Transit Co., 844 F.2d 1496 (11th Cir. 1988)…e, the contract was to be in effect for one year. . See also Barrow v. Shel Products, Inc., 466 So. 2d 281, 282 (Fla.Dist.Ct.App.1985) (finding trucking company to be statutory employer of driver of leased truck); Wooden v. Ploof Truck Lines, Inc., 482 So. 2d 611 (Fla.Dist.Ct.App.1986) (remanding for reconsideration of statutory employment issue in light of Barrow). . Cf. Heaton v. Home Transportation Co., 659 F.Supp. 27 (N.D.Ga.1986) (relying on Georgia authority, fact that driver paid his own workers’ com…
Authorities Cited
- A NU Transfer, Inc. v. Dep't of Labor & Emp. Sec. Div. of Emp. Sec., 427 So. 2d 305 (Fla. 3d DCA 1983)
- Barrow v. Shel Prods., Inc., 466 So. 2d 281 (Fla. 1st DCA 1985)