JOAN LOUISE BABIN, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF HENRY J. BABIN, APPELLANT,
v.
NORTH FLORIDA SHIPYARDS, INC., A FLORIDA CORPORATION; PRIMECO, INC., A FOREIGN CORPORATION, F/B/A GRACE EQUIPMENT COMPANY, D/B/A PRIME EQUIPMENT AND PRIME EQUIPMENT, APPELLEES
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JOANOS, Judge.
Appellee Primeco, Inc. (Primeco) has filed a motion for clarification of the opinion issued with regard to this case on December 31, 1997. Primeco asks that we edit or delete the second sentence in the first full paragraph on page 3 of the opinion, to reflect that a determination regarding the functioning or malfunctioning of the highlift has not been made. We grant the motion for clarification, and substitute the following sentence for the second sentence which appears in the first full paragraph on page 3 of the opinion: “While he was working on the highlift, Babin fell to his death.”
We deny in all respects the motion for rehearing or for certification of a question to the Florida Supreme Court filed by appellee North Florida Shipyard, Inc. (NFS).
BOOTH and VAN NORTWICK, JJ., concur.
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Fcci Fund (Feisco) v. Cayce's Excavation, Inc., 726 So. 2d 778 (Fla. 1st DCA 1998)…tion Law. We so held most recently in evaluating a waterfront employer’s claim of immunity to suit in tort in Babin v. North Florida Shipyards, Inc., 705 So. 2d 66, 23 Fla. L. Weekly D125, D126 (Fla. 1st DCA Dec.31, 1997), modified on other grounds, 709 So. 2d 657 (Fla. 1st DCA 1998): In fact, section 440.09(2), Florida Statutes, expressly precludes receipt of Florida workers’ compensation benefits when circumstances dictate that LHWCA benefits apply. This provision states: (2) Benefits are not payable in r…
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Allen v. Dep't OF Fin. Servs., 889 So. 2d 854 (Fla. 4th DCA 2004)…perations at the place of employment or job site.... In FCCI Fund (FEISCO) v. Cayce’s Excavation, Inc., 726 So. 2d 778 (Fla. 1st DCA 1998) (citing Babin v. North Florida Shipyards, Inc., 705 So. 2d 66 (Fla. 1st DCA 1997), modified on other grounds, 709 So. 2d 657 (Fla. 1st DCA 1998)), the court held that “[a]s a matter of state law, coverage under the LHWCA precludes coverage under Florida’s Workers’ Compensation Law.” FCCI, 726 So. 2d at 780. It concludes: “Florida law makes coverage under the federal act t…