ANNETTE BRINCHEK AND JOSEPH BRINCHEK
v.
SOVEREIGN HEALTHCARE OF ORLANDO, LLC, D/B/A HUNTER’S CREEK NURSING AND REHAB CENTER

Fla. 5th DCA | 2021-12-17
No. 20-2231
Munyon, J., Lambert, C.J., Eisnaugle, J., Traver, J.
Florida District Court of Appeal, Fifth District (2021)

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Holding

The 'unrelated works' exception to workers' compensation immunity does not apply to a claim by an employee of a contractor against a subcontractor who secured workers' compensation insurance for its employees.

Headnotes

[1] The 'unrelated works' exception to workers' compensation immunity applies only to co-employees and does not extend to claims by an employee of a contractor against a subc…

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Facts & Procedural History

Annette and Joseph Brinchek brought a claim against Sovereign Healthcare of Orlando, LLC, d/b/a Hunter's Creek Nursing and Rehab Center. The case invo…

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Topics
Contractor-Subcontractor Relationship Worker'S Compensation Immunity

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Opinion of the Court
Lambert

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

ANNETTE BRINCHEK AND JOSEPH BRINCHEK,

Appellants/Cross-Appellees,

v. Case No. 5D20-2231 LT Case No. 2019-CA-4622

SOVEREIGN HEALTHCARE OF ORLANDO, LLC, D/B/A HUNTER’S CREEK NURSING AND REHAB CENTER,

Appellee/Cross-Appellant.

________________________________/

Opinion filed December 17, 2021

Appeal from the Circuit Court for Orange County, Lisa T. Munyon, Judge.

Julie H. Littky-Rubin, of Clark, Fountain, LaVista, Prather & Littky-Rubin, LLP, West Palm Beach, for Appellants/Cross-Appellees.

Thomas A. Valdez and Vilma Martinez, Tampa, Stevie E. Baker and Kathleen Ellen MacMillan, Orlando, of Quintairos, Prieto, Wood & Boyer, P.A., Tampa, for Appellee/Cross-Appellant.

PER CURIAM.

LAMBERT, C.J., EISNAUGLE and TRAVER, JJ., concur.

Footnotes
2 AFFIRMED. See Moradiellos v. Gerelco Traffic Controls, Inc., 176 So. 3d 329, 334 (Fla. 3d DCA 2015) (holding “unrelated works” exception to workers’ compensation immunity does not apply to claim by employee of contractor against subcontractor who secured workers’ compensation insurance for its employees); Vallejos v. Lan Cargo S.A., 116 So. 3d 545, 551–52 (Fla. 3d DCA 2013) (finding “unrelated works” exception inapplicable to suit against employer, because statute expressly states the exception applies only to co-employees).

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