FORT PIERCE TRIBUNE AND CLAIMS CENTER, APPELLANTS,
v.
BEVERLY WILLIAMS, APPELLEE
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Fort Pierce Tribune and its workers' compensation insurance carrier appealed a judge of compensation claims' determination that a newspaper carrier was an employee rather than an independent contractor, making her workplace injury compensable. The appellate court reversed and remanded, finding the facts indistinguishable from a prior precedent, while certifying important questions to the Florida Supreme Court about the continuing viability of the independent contractor doctrine in newspaper delivery cases.
The court reversed the compensation award and remanded for proceedings consistent with City of Port St. Lucie v. Chambers, finding the facts nearly indistinguishable. The court certified two questions of great public importance to the Florida Supreme Court: (1) whether Miami Herald Publishing Co. v. Kendall remains viable given the evolving business relationship between newspaper publishers and carriers, and (2) if Miami Herald remains viable, whether its application is limited to tort actions or extends to workers' compensation cases.
[1] The determination of whether a newspaper carrier is an employee or an independent contractor for workers' compensation purposes is factually dependent.
[2] When the facts of a case are nearly indistinguishable from a prior appellate decision, that prior decision controls the outcome.
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Join FLexlaw to unlock all legal intelligence“We consider the facts of this case to be nearly indistinguishable from those in City of Port St. Lucie v. Chambers, 606 So.2d 450 (Fla. 1st DCA 1992), review denied, 618 So.2d 208 (Fla.1993), and therefore reverse and remand for further proceedings consistent with that opinion.”
States the court's primary basis for reversing the compensation award based on precedential similarity.
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Join FLexlaw to unlock all legal intelligenceBeverly Williams worked as a newspaper carrier for the Fort Pierce Tribune. She sustained a workplace injury and filed for workers' compensation benef…
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ERVIN, Judge.
The employer and its insurance carrier, Fort Pierce Tribune and Claims Center, appeal an award of compensation benefits based upon the finding of the judge of compensation claims that appellee, Beverly Williams, a newspaper carrier for the Fort Pierce Tribune, was an employee, rather than an independent contractor, thereby allowing her injury to be found compensable. We consider the facts of this case to be nearly indistinguishable from those in City of Port St. Lucie v. Chambers, 606 So. 2d 450 (Fla. 1st DCA 1992), review denied, 618 So. 2d 208 (Fla.1993), and therefore reverse and remand for further proceedings consistent with that opinion.
Although we are constrained to reverse, we are aware that there is considerable authority for deciding that the status of independent contractors within the context of workers’ compensation proceedings is different from such status when determining the existence of vicarious liability in tort cases. See, e.g., Levine v. The Miami Herald, 7 F.C.R. 278 (Indus. Relations Comm’n 1973), cert. denied, 280 So. 2d 682 (Fla.1973); Jones v. Aldrich Co., 188 Ga. App. 581, 373 S.E. 2d 649 (1988); Beard v. Brown, 616 P. 2d 726 (Wyo.1980); IB Arthur Larson, The Law of Workmen’s Compensation § 43.42 (1993).
We also note Judge Barfield’s concurring opinion in Chambers, and Judge Sharp’s special concurrence in Walker v. Palm Beach Newspapers, Inc., 561 So. 2d 1198 (Fla. 5th DCA), appeal dismissed, 576 So. 2d 294 (Fla.1990), and, similar to the Fifth District in Walker, we certify the following question to the Florida Supreme Court as one of great public importance:
WHETHER, IN LIGHT OF THE EVOLVING BUSINESS RELATIONSHIP BETWEEN NEWSPAPER PUBLISHERS AND PERSONS DELIVERING NEWSPAPERS, THE HOLDING IN MIAMI HERALD PUBLISHING CO. V. KENDALL, 88 S0.2D 276 (FLA.1956), REMAINS VIABLE?
If the above question is answered in the affirmative, we certify the following as an additional question of great public importance:
IF THE DECISION IN MIAMI HERALD REMAINS VIABLE, IS ITS APPLICATION LIMITED TO TORT ACTIONS FOR DAMAGES, OR DOES IT EXTEND AS WELL TO WORKERS’ COMPENSATION CASES?
REVERSED and REMANDED.
MINER, J., and SHIVERS, Senior Judge, concur.
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Keith v. News & SUN Sentinel & Crawford & Co., 631 So. 2d 333 (Fla. 1st DCA 1994)…he publisher and its insurance carrier from liability on account of the street vendor’s injuries. A car hit the appellant while he was hawking the Sun Sentinel at his assigned corner. This court’s recent decision in Fort Pierce Tribune v. Williams, 622 So. 2d 1368 (Fla. 1st DCA 1993) rev. pndg. sub nom. Williams v. Fort Pierce Tribune Co., No. 82,409 (Fla.; pet. filed Sept. 23, 1993), reversed an order entered by a judge of compensation claims that treated a newspaper carrier as an employee of the publisher.…
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Williams v. Fort Pierce Tribune & Claims Ctr., 667 So. 2d 174 (Fla. 1995)…LL, 88 So. 2d 276 (Fla.1956), REMAINS VIABLE? IF THE DECISION IN MIAMI HERALD REMAINS VIABLE, IS ITS APPLICATION LIMITED TO TORT ACTIONS FOR DAMAGES, OR DOES IT [*175] EXTEND AS WELL TO WORKERS’ COMPENSATION CASES? Fort Pierce Tribune v. Williams, 622 So. 2d 1368, 1368 (Fla. 1st DCA 1993). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We have answered both certified questions in the affirmative in the case of Keith v. News & Sun Sentinel Co., 667 So. 2d 167 (Fla.1995), opinion issued simultaneously he…
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Raulerson v. Sentinel, 655 So. 2d 1237 (Fla. 1st DCA 1995)…t 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…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- 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)
- Keller v. Belcher, 280 So. 2d 682 (Fla. 1972)
- Sims v. Tampa Unif. Serv., Inc., 280 So. 2d 682 (Fla. 1973)
- City OF Port Saint Lucie & Tri-County Ins. Council v. Chambers, 606 So. 2d 450 (Fla. 1st DCA 1992)