ORELL BEDSOLE, APPELLANT,
v.
HANCOCK-HAZLETT CONSTRUCTION AND RELIANCE INSURANCE COMPANY, APPELLEES
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A roofer who operated a sole proprietorship sought workers' compensation benefits after an injury while working as a subcontractor for a general contractor. The court affirmed that the claimant was an independent contractor rather than an employee or statutory employee, but remanded for determination of whether estoppel applied based on the contractor's alleged promise to provide insurance coverage.
The court affirmed that Bedsole was an independent contractor rather than an employee or statutory employee because he did not make the required election under section 440.02(ll)(c) to be treated as an employee of his own sole proprietorship. However, the court remanded for determination of whether the contractor was estopped from denying coverage based on evidence that it may have led Bedsole to believe it would provide insurance coverage.
[1] A claimant is considered an independent contractor, rather than an employee, when competent substantial evidence supports such a conclusion based on established legal fac…
[2] A sole proprietor is not automatically considered an employee of their own business for workers' compensation purposes.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a sole proprietor is not necessarily considered an employee of his own business, it is possible for him to be considered an employee if he devotes full time to the proprietorship and specifically elects to be included in the definition of employee by filing notice as provided in section 440.05”
Establishes the legal standard for when a sole proprietor may be considered an employee under Florida workers' compensation law.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOrell Bedsole, sole proprietor of Orell Bedsole Roofing, entered into a subcontract with Hancock-Hazlett Construction (a general contractor) to perfor…
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SHIVERS, Chief Judge.
The claimant in this worker’s compensation case appeals an order denying benefits on the basis that he was neither an employee of the appellee nor a “statutory employee” pursuant to section 440.10(1), Florida Statutes (1985).
We affirm the finding of the judge of compensation claims (JCC) that claimant was an independent contractor rather than an employee, finding there to be competent substantial evidence in the record to support such a conclusion based on the factors set out in Cantor v. Cochran, 184 So. 2d 173 (Fla.1966). We also affirm the JCC’s conclusion that the claimant was not a statutory employee under section 440.10(1).
The evidence presented at the May 27, 1988 hearing established claimant to be the sole proprietor of a business known as Orell Bedsole Roofing. As Orell Bedsole Roofing, the claimant entered into a subcontract with the appellee, a general contractor, to perform a roofing job on a building at Eglin Air Force Base. The claimant did not have worker’s compensation insurance covering himself or his employees.
Under section 440.10(1), general contractors are required to provide workers’ compensation coverage to all employees of their subcontractors, where such employees have not been provided coverage by the subcontractor. Further, although a sole proprietor is not necessarily considered an employee of his own business, it is possible for him to be considered an employee if he devotes full time to the proprietorship and specifically elects to be included in the definition of employee by filing notice as provided in section 440.05.
Section 440.-02(ll)(c), F.S. (1985).1 In such a case, a sole proprietor considered to be an employee of his own sole proprietorship could also be a “statutory employee” of a general contractor under section 440.10(1). Boyd-Scarp Enterprises, Inc. v. Saunders, 453 So. 2d 161 (Fla. 1st DCA 1984). In the instant case, there is no evidence in the record that the claimant made such an election.
Therefore, although claimant was a subcontractor, he was not a statutory employee of the appellee under section 440.-10(1).
Despite our affirmance of the JCC’s findings that claimant was neither an employee nor a statutory employee, we find it necessary to remand for further proceedings.
The evidence presented at the hearing established that the appellee normally required its subcontractors to carry their own workers’ compensation insurance, and that the claimant in this case did not have such insurance. The appellees’ witnesses testified that they were unaware that claimant did not have workers’ compensation insurance until after his accident, while claimant and several of his witnesses testified that the appellee was not only aware of claimant’s lack of insurance prior to the accident, but told claimant that it would take care of his insurance.
The evidence was undisputed that, after the roofing job was completed by claimant’s employees, the appellee withheld $450 from the agreed-upon contract price of $3,100 and earmarked this deduction as covering, among several other items, workers’ compensation insurance.
In light of such evidence, we remand the matter to the JCC for further findings, including specifically a determination of whether the appellee was estopped from denying coverage on the basis of its having led claimant to believe that he would be covered under appellee’s policy of insurance. If necessary, the JCC may hear and consider additional evidence on remand.
JOANOS and ZEHMER, JJ., concur. . Section 440.02(12)(c), Florida Statutes (1989).
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Citator
Cited By
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G.T. McDONALD Enters., Inc. v. Frederick, 711 So. 2d 1215 (Fla. 3d DCA 1998)…PER CURIAM. Affirmed. See § 440.077, Fla. Stat. (1993); see also Jones v. Florida Power Corp., 72 So. 2d 285 (Fla.1954); Lowry v. Logan, 650 So. 2d 653 (Fla. 1st DCA 1995); Bedsole v. Hancock-Hazlett Constr., 559 So. 2d 639 (Fla. 1st DCA 1990); Boyd-Scarp Enters., Inc. v. Saunders, 453 So. 2d 161 (Fla. 1st DCA 1984); Grice v. Suwannee Lumber Mfg. Co., 113 So. 2d 742 (Fla. 1st DCA 1959).…
Authorities Cited
- Cantor v. Robert Cochran & the Fla. Indus. Comm'n, 184 So. 2d 173 (Fla. 1966)
- Boyd-Scarp Enters., Inc. v. Saunders, 453 So. 2d 161 (Fla. 1st DCA 1984)