ZURICH AMERICAN INSURANCE AND CANNON SLINE, INC., APPELLANTS,
v.
LARRY A. LAWHORN, APPELLEES

Fla. 1st DCA | 2001-07-20
No. 1D00-4762
ERVIN, KAHN and POLSTON, JJ., concur.
789 So. 2d 536 Florida District Court of Appeal, First District (2001)

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Holding

Florida has jurisdiction to determine the compensability of an out-of-state industrial injury if the employment contract was made in Florida.


Facts & Procedural History

A claimant accepted an employment offer in Florida for a continuous employment relationship with an employer. The claimant sustained an industrial inj…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the JCC’s ruling that Florida has jurisdiction to determine the compensability of claimant’s out-of-state industrial injury because the employment contract was made in Florida. See § 440.09(l)(d), Fla. Stat. (1997); Miller Contracting Co. of Ohio v. Hutto, 156 So. 2d 745 (Fla.1963).

In Miller, the Florida Supreme Court concluded under very similar facts that although the claimant worked at different times and at various out-of-state job sites, his employment relationship with Miller Contracting Company was continual. The Court concluded that the claimant’s employment contract was made in Florida because the claimant initially accepted Miller Contracting Company’s offer of employment in Florida. Thus, the Court held that Florida had jurisdiction to determine the claimant’s industrial injury he sustained while working in Georgia. 156 So. 2d at 747.

Similarly in this case, the claimant’s employment relationship with Appellant, Cannon Sline, Inc., was continuous from the time he accepted the initial offer of employment in 1995 at his Florida home. Cannon Sline considered the claimant to be a continuing employee and the claimant did not work for any other company.

AFFIRMED.

ERVIN, KAHN and POLSTON, JJ., concur.


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