FORT PIERCE TRIBUNE AND CLAIMS CENTER, APPELLANTS,
v.
BEVERLY WILLIAMS, APPELLEE
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The Florida First District Court of Appeal reversed an award of workers' compensation benefits to Beverly Williams, a newspaper carrier, finding that she was an independent contractor rather than an employee of the Fort Pierce Tribune. The court reaffirmed its earlier reversal after the Florida Supreme Court remanded the case for reconsideration, confirming that the Restatement factors and Kendall test remain applicable to workers' compensation cases.
The court reversed the award of workers' compensation benefits, holding that Williams was an independent contractor rather than an employee. The court reaffirmed that the Kendall test and Restatement (Second) of Agency § 220(2) factors remain the applicable framework for determining employment status in workers' compensation cases, and the judge's finding of employee status was not supported by competent, substantial evidence.
[1] The determination of whether a worker is an employee or an independent contractor in Florida workers' compensation cases is guided by the factors set forth in the Restate…
[2] A finding of employee status in a workers' compensation case must be supported by competent, substantial evidence.
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Join FLexlaw to unlock all legal intelligence“we reversed an order awarding benefits based upon a finding by the judge of compensation claims that the claimant, Beverly Williams, a newspaper carrier, was an employee of the appellant newspaper, rather than an independent contractor”
Establishes the nature of the lower court's determination and the basis for the original reversal.
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Join FLexlaw to unlock all legal intelligenceBeverly Williams was a newspaper carrier for the Fort Pierce Tribune. A judge of compensation claims initially found Williams to be an employee of the…
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ERVIN, Judge.
This case is before us following the Florida Supreme Court’s remand in Williams v. Fort Pierce Tribune, 667 So. 2d 174 (Fla.1995), for further proceedings consistent with its opinion. In this court’s earlier decision in Fort Pierce Tribune v. Williams, 622 So. 2d 1368 (Fla. 1st DCA 1993), we reversed an order awarding benefits based upon a finding by the judge of compensation claims that the claimant, Beverly Williams, a newspaper carrier, was an employee of the appellant newspaper, rather than an independent contractor. In so deciding, we relied on City of Port St. Lucie v. Chambers, 606 So. 2d 450 (Fla. 1st DCA 1992), review denied, 618 So. 2d 208 (Fla.1993), which in turn cited with approval the holding in Miami Herald Publishing Co. v. Kendall, 88 So. 2d 276 (Fla.1956), applying the factors set forth in Restatement (Second) of Agency § 220(2) (1958). In reaching our decision, we certified as well two questions to the supreme court as to the continuing viability of Kendall and its application to workers’ compensation cases. The supreme court answered the two certified questions in the affirmative in Williams v. Fort Pierce Tribune.
We reaffirm our earlier decision to reverse the award based on the continuing viability of Kendall and the Restatement factors, because the judge’s finding of an employee status is not supported by competent, substantial evidence. See Keith v. News & Sun Sentinel Co., 659 So. 2d 1074 (Fla.1995); Kendall; Chambers; and Walker v. Palm Beach Newspapers, Inc., 561 So. 2d 1198 (Fla. 5th DCA), appeal dismissed, 576 So. 2d 294 (Fla. 1990).
REVERSED and REMANDED for further proceedings consistent with this opinion.
MINER, J., and SHIVERS, Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- The Miami Herald Publ'g Co. v. Mrs. Mary Kendall, 88 So. 2d 276 (Fla. 1956)
- 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)
- City OF Port Saint Lucie & Tri-County Ins. Council v. Chambers, 606 So. 2d 450 (Fla. 1st DCA 1992)
- Fort Pierce Tribune & Claims Ctr. v. Williams, 622 So. 2d 1368 (Fla. 1st DCA 1993)
- Williams v. Fort Pierce Tribune & Claims Ctr., 667 So. 2d 174 (Fla. 1995)