YUDI YERO, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JUAN SUAREZ, DECEASED, APPELLANT,
v.
MIAMI-DADE COUNTY, MONTENAY-DADE LTD., AND MONTENAY POWER CORP., APPELLEES
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A widow sued Miami-Dade County and Montenay (the operator of a resource recovery facility) for wrongful death after her husband, an employee of a subcontractor, was electrocuted while working on-site. The court affirmed summary judgment dismissing the claims based on workers' compensation immunity under Florida law.
Both the County and Montenay are entitled to workers' compensation immunity under section 440.10(l)(b), Florida Statutes. Montenay is a statutory employer of HBH's employees by virtue of the subcontract relationship, and since HBH secured workers' compensation coverage, Montenay is immune. The County is similarly immune as a contractor under the statute, having secured workers' compensation payment.
[1] A statutory employer is immune from suit for injuries sustained by an employee of a subcontractor when the subcontractor has secured workers' compensation coverage for it…
[2] A premises owner who contracts with another entity to produce and sell electricity from the premises is considered a contractor for the purposes of workers' compensation…
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Join FLexlaw to unlock all legal intelligence“In case a contractor sublets any part or parts of his contract work to a subcontractor or subcontractors, all of the employees of such contractor and subcontractor or subcontractors engaged on such contract work shall be deemed to be employed in one and the same business or establishment; and the contractor shall be liable for, and shall secure, the payment of compensation to all such employees, except to employees of a subcontractor who has secured such payment.”
The statutory basis for workers' compensation immunity when a subcontractor has secured its own coverage
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Join FLexlaw to unlock all legal intelligenceJuan Suarez was employed by HBH Industrial Service, a subcontractor hired by Montenay to repair trash conveyors at Miami-Dade County's Resource Recove…
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FLETCHER, Judge.
Yudi Yero, the Personal Representative of the Estate of Juan Suarez, Deceased, seeks to reverse an adverse final summary judgment. We affirm.
Yero’s husband, Juan Suarez, was an employee of HBH Industrial Service [HBH], a subcontractor engaged to repair certain trash conveyors (trommels) at Miami-Dade County’s [County] Resource Recovery Plant [RRP] facility. The RRP is a trash recycling, burning, and landfill facility owned by the County. As the premises owner the County had contracted with Florida Power Corporation to use the premises to produce electricity and sell it to Florida Power Corporation. Monte-nay 1 is under contract with the County for the operational management of the RRP. While performing his duties as an HBH employee Suarez was electrocuted. Yero filed a multiple-count wrongful death action against Montenay and the County alleging negligent maintenance of the work site, failure to adopt and maintain adequate safety standards, failure to supervise, and failure to warn. The County and Montenay defended on the basis that the claims against them were barred by workers’ compensation immunity.
We agree with the trial court, which correctly determined that the County and Montenay are entitled to workers’ compensation immunity pursuant to section 440.10(l)(b), Florida Statutes (1995). That section provides:
“In case a contractor sublets any part or parts of his contract work to a subcontractor or subcontractors, all of the employees of such contractor and subcontractor or subcontractors engaged on such contract work shall be deemed to be employed in one and the same business or establishment; and the contractor shall be liable for, and shall secure, the payment of compensation to all such employees, except to employees of a subcontractor who has secured such payment.” [e.s.]
HBH, as previously noted, is an independent subcontractor hired by Montenay to fulfill one of Montenay’s contractual obligations to the County, i.e., maintaining the trommels. This subcontract relationship made Montenay a statutory employer of the employees of HBH. See Gator Freightways, Inc. v. Roberts, 550 So. 2d 1117 (Fla.1989). HBH, however, secured the payment of workers’ compensation for its own employees and upon Suarez’s death HBH’s workers’ compensation carrier paid benefits to Yero. Under these circumstances Montenay is immune from suit.
As to the County, its 440.10(l)(b) immunity arises out of its having contracted with Florida Power Corporation. The contractual arrangement requires the County to maintain and utilize the premises to generate electricity and sell it to Florida Power Corporation. This makes the County a contractor within the meaning of the statute. See Miami-Dade County v. Acosta, 757 So. 2d 539 (Fla. 3d DCA 2000). As HBH secured payment of workers’ compensation, the County is immune from suit.
Affirmed.
. Montenay-Dade, Ltd. and its general partner Montenay Power Corporation are related entities but separate defendants, and will be referred to jointly as "Montenay."
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Vallejos v. LAN Cargo S.A., 116 So. 3d 545 (Fla. 3d DCA 2013)…rier never denied Valle-jos’ claim.5 There are numerous cases which hold that when an employee is injured on the job and then applies for and receives workers’ compensation benefits, a subsequent negligence suit is barred. Yero v. Miami-Dade Cnty., 838 So. 2d 686, 687 (Fla. 3d DCA 2003); Townsend v. Conshor, Inc., 832 So. 2d 166, 167 (Fla. 2d DCA 2002); Delta Air Lines, Inc. v. Cunningham, 658 So. 2d 556, 557 (Fla. 3d DCA 1995); Coney v. Int’l Minerals & Chem. Corp., 425 So. 2d 171, 171-72 (Fla. 2d DCA 1983)…
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Carnegie Gardens Nursing Ctr. v. Banyai, 852 So. 2d 374 (Fla. 5th DCA 2003)…affing agency, Novacare, she is barred from pursuing a negligence suit against Carnegie Gardens. We agree. A contractor may be immune from suit where worker’s compensation has been paid on behalf of the subcontractor. See Yero v. Miami-Dade County, 838 So. 2d 686, 687 (Fla. 3d DCA 2003) (holding the subcontract relationship made the main contractor a statutory employer of subcontractor’s employees, and where subcontractor had secured worker’s compensation for its employees and paid benefits to injured employ…
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C.W. Roberts Contracting, Inc. v. Cuchens, 10 So. 3d 667 (Fla. 1st DCA 2009)…employer has committed an intentional tort which caused the injury or death. See Gator Freightways, Inc. v. Roberts, 550 So. 2d 1117 (Fla.1989); Carnegie Gardens Nursing Ctr. v. Banyai, 852 So. 2d 374 (Fla. 5th DCA 2003); Yero v. Miami-Dade County, 838 So. 2d 686 (Fla. 3d DCA 2003). Under section 440.11(l)(b), the employer’s actions “shall be deemed to constitute an intentional tort and not an accident only when the employee proves, by clear and convincing evidence,” either that the employer “deliberately i…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gator Freightways, Inc. v. Roberts, 550 So. 2d 1117 (Fla. 1989)
- Miami-Dade Cnty. v. Acosta, 757 So. 2d 539 (Fla. 3d DCA 2000)