GENE'S HARVESTING AND FLORIDA FARM BUREAU INSURANCE CO., APPELLANTS,
v.
JESUS RODRIGUEZ, A/K/A AUGUSTINE TASSAINT, APPELLEE
GENE'S HARVESTING AND FLORIDA FARM BUREAU INSURANCE CO., APPELLANTS,
JESUS RODRIGUEZ, A/K/A AUGUSTINE TASSAINT, APPELLEE
421 So. 2d 701
Florida District Court of Appeal, First District (1982)
Positive Treatment
Cited by 17 cases
Opinion of the Court
ROBERT P. SMITH, Jr., Chief Judge.
We affirm the deputy’s order finding that appellee, an alien illegally in this country, is entitled to Chapter 440 benefits for a work-related injury notwithstanding his immigration status. Section 440.02(2)(a), Florida Statutes (1980 Supp.), specifically included aliens among those “employees” entitled to benefits, and nothing in the statute suggests that workers not lawfully immigrated are excluded. See White v. Conoley Fruit Harvesting, Inc., IRC Order 2-3877 (1979). Appellants’ other points have no merit.
AFFIRMED.
SHIVERS and THOMPSON, JJ., concur.
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R.A. Jones & Sons, Inc. v. Holman, 470 So. 2d 60 (Fla. 3d DCA 1985)…that permits liberal post-limitations period amendment of complaints to include additional plaintiffs and concomitant enlargement of damages in wrongful death actions. See, e.g., Peters v. Mitchel, 423 So. 2d 983 (Fla. 3d DCA 1982); Dye v. Houston, 421 So. 2d 701 (Fla. 1st DCA 1982); Handley v. Anclote Manor Foundation, 253 So. 2d 501 (Fla. 2d DCA 1971), cert. denied, 262 So. 2d 445 (Fla.1972). But see School Board of Broward County v. Surette, 394 So. 2d 147 (Fla. 1st DCA), rev. dismissed, 399 So. 2d 1146 (…
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Talan v. Murphy, 443 So. 2d 207 (Fla. 3d DCA 1983)…ote Manor Foundation, 253 So. 2d 501 (Fla. 2d DCA 1971), cert. denied, 262 So. 2d 445 (Fla. 1972). Thus, the personal representative’s claim for damages sustained by his wife, see Peters v. Mitchel, 423 So. 2d 983 (Fla. 3d DCA 1982); Dye v. Houston, 421 So. 2d 701 (Fla. 1st DCA 1982), as well as medical, funeral, and burial expenses and loss of net accumulations is viable without a statute of limitations bar. For the foregoing reasons, we conclude that the entry of the summary judgment was erroneous. Revers…
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Safeharbor Emp'r Servs. I, Inc. v. Velazquez, 860 So. 2d 984 (Fla. 1st DCA 2003)…003). The Florida Workers’ Compensation Act clearly allowed benefits to illegal aliens under Chapter 440 prior to Hoffman. See Cenvill Development Corp. v. Candelo, 478 So. 2d 1168, 1170 (Fla. 1st DCA 1985); see also Gene’s Harvesting v. Rodriguez, 421 So. 2d 701, 701 (Fla. 1st [*986] DCA 1982) (holding fact that workers’ compensation claimant was illegal alien did not preclude entitlement to benefits for work-related injury). Hoffman does not mandate a different result. In the absence of an express congres…
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