CRYSTAL RAULERSON, APPELLANT,
v.
ORLANDO SENTINEL AND TRIBUNE COMPANY, APPELLEES
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The court held that the claimant was an independent contractor and not a statutory employee, affirming the denial of her workers' compensation claim.
A newspaper carrier appealed the denial of her workers' compensation claim, arguing she was a statutory employee. The claimant contended that the circ…
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BARFIELD, Judge.
The claimant, a newspaper carrier, timely appeals a workers’ compensation order denying her claim on the ground that she was an independent contractor. She contends that Miami Herald Publishing v. Hatch, 617 So. 2d 380 (Fla. 1st DCA 1993), is controlling and that the circumstances demonstrate she is a statutory employee of the Orlando Sentinel under section 440.10, Florida Statutes (1993). However, we find that, unlike in Hatch,
there was no stipulation by the parties or evidence presented in this case that the Orlando Sentinel was a “contractor” as contemplated by the statute. The factual findings of the judge of compensation claims are supported by competent substantial evidence, and under existing decisions2 our duty is to uphold the order. However, we certify to the supreme court, as a matter of great public importance, the question certified in Keith v. News & Sun Sentinel and Fort Pierce Tribune v. Williams.3
AFFIRMED.
ALLEN, J., and SMITH, Senior Judge, concur. . See also the very recent opinion in Orlando Sentinel v. Donny Wong-Chow, 652 So. 2d 982 (Fla. 1st DCA 1995).
. Miami Herald Publishing v. Kendall, 88 So. 2d 276 (Fla.1956); Keith v. News & Sun Sentinel, 631 So. 2d 333 (Fla. 1st DCA 1994); Fort Pierce Tribune v. Williams, 622 So. 2d 1368 (Fla. 1st DCA 1993), rev. granted, Williams v. Fort Pierce Tribune, 640 So. 2d 1109 (Fla.1994); City of Port St. Lucie v. Chambers, 606 So. 2d 450 (Fla. 1st DCA 1992), rev. den., Chambers v. City of Port St. Lucie/Tri-County Ins. Council, 618 So. 2d 208 (Fla. 1993); Walker v. Palm Beach Newspapers, 561 So. 2d 1198 (Fla. 5th DCA), rev. dismissed, 576 So. 2d 294 (Fla.1990).
.See footnote 2.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- The Miami Herald Publ'g Co. v. Mrs. Mary Kendall, 88 So. 2d 276 (Fla. 1956)
- The Miami Herald Publ'g v. Hatch, 617 So. 2d 380 (Fla. 1st DCA 1993)
- A.J. v. State, 561 So. 2d 1198 (Fla. 3d DCA 1990)
- Walker v. Palm Beach Newspapers, Inc., 561 So. 2d 1198 (Fla. 5th DCA 1990)
- City OF Port Saint Lucie & Tri-County Ins. Council v. Chambers, 606 So. 2d 450 (Fla. 1st DCA 1992)
- Fort Pierce Tribune & Claims Ctr. v. Williams, 622 So. 2d 1368 (Fla. 1st DCA 1993)
- Keith v. News & SUN Sentinel & Crawford & Co., 631 So. 2d 333 (Fla. 1st DCA 1994)
- Sentinel v. Donny Wong-Chow, 652 So. 2d 982 (Fla. 1st DCA 1995)