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Florida Employee Leasing Case Law

Please find, below, selected case laws decided by Supreme Court of Florida or Court of Appeals of Florida where the terms employee leasing has been mentioned. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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Patco Transport - 12/14/2005
While driving a truck for Patco Transport, Inc. (Patco) on December 19, 2001, Jose Estupinan was struck from behind by a truck driven by another driver of a Patco truck. Almost two years later, Mr. Estupinan filed suit in circuit court...

Gallagher v. Dupont - 12/9/2005
Michael C. Dupont sought to enforce by writs of mandamus and garnishment a federal § 1983 civil rights judgment for $527,670.70 obtained by Coblentz agreement against the Estate of Sebastian Tangusso, a former state employee. The...

Rivera v. Torfino Enterprises - 11/30/2005
Michelle Rivera appeals an order dismissing her Whistleblower's complaint against her former employer, Torfino Enterprises (Torfino). The trial court ruled that Rivera failed to state a cause of action because the Florida Civil Rights...

City of Fort Lauderdale v. Menisier St. Louis - 11/30/2005
In this workers' compensation appeal, The City of Fort Lauderdale and Gallagher Bassett Services, Inc. (jointly the employer/servicing agent), appeal an order of the Judge of Compensation Claims (JCC) finding that the petition for...

In re Amendments to the Florida Rules of Juvenile Procedure - 11/17/2005
Original Proceeding - Amendments to the Florida Rules of Juvenile Procedure The Florida Bar's Juvenile Court Rules Committee (Committee) has filed an out-of-cycle report proposing amendments to the Florida Rules of Juvenile...

Begley's Cleaning Service v. Costa - 11/10/2005
In this workers' compensation case, the E/C appeal a Summary Final Order in which the Judge of Compensation Claims (JCC) found them estopped to deny compensability of the claimant's accident. Because we conclude the JCC erred in this...

Berman Brothers - 11/7/2005
Berman Brothers, Inc. raises two points on appeal from a final judgment entered following a jury verdict in favor of appellee, Osborne J. Hart. Regarding the first point, we find that appellant preserved an objection to the jury...

Gray v. Dep't of Corrections - 11/7/2005
Ronald Gray, claimant, appeals from an order denying workers' compensation benefits for a heart attack he suffered on December 31, 2002, while employed as a corrections probation officer. The Judge of Compensation Claims (JCC)...

Pinnacle Benefits - 11/7/2005
Employer/Carrier (E/C) appeal a final order of the Judge of Compensation Claims (JCC) determining that the claimant/appellee, August Alby, suffered an industrial accident on January 9, 2001, which resulted in injuries to Alby's neck,...

Citrus Pest Control v. Brown - 11/7/2005
Appellants, Citrus Pest Control and Claims Control, Inc. (collectively, "the E/C"), appeal an order of the judge of compensation claims ("JCC"), arguing that the JCC erred in granting claimant's claim for continuing medical care for...

In re Amendments to the Rules of Judicial Administration - 11/3/2005
We have for consideration the biennial report of proposed rule amendments filed by The Florida Bar's Rules of Judicial Administration Committee (Rules Committee), in accordance with Florida Rule of Judicial Administration 2.130(c)(4)....

Florida Division of Workers ' Compensation v. Cagnoli - 11/3/2005
We have on appeal a decision of a district court of appeal declaring invalid a state statute. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. The First District Court of Appeal succinctly stated the relevant facts and...

Manuel v. Amstaff - 10/25/2005
In this workers' compensation case, Laura Manuel, claimant, appeals a final order of the judge of compensation claims (JCC), arguing that the JCC erred in rejecting the opinion of an expert medical advisor (EMA) which had concluded...

Potter v. City of Ormond Beach - 10/25/2005
Claimant, Sabrina Potter, appeals an order of the judge of compensation claims ("JCC") denying her claim for impairment benefits for her ventricular ectopy pursuant to an eight percent impairment rating. Claimant first argues that the...

Orange County Fire Rescue v. Crowden - 10/25/2005
In this workers' compensation case, because there was no competent, substantial evidence that claimant sustained a work-related injury of any nature, we reverse the holdings that claimant is entitled to temporary total disability...

Nash v. AMR Corp. - 10/18/2005
Kenny Nash, the claimant in these workers' compensation proceedings, appeals the November 24, 2004, Order on Attorney's Fees and Costs issued by the judge of compensation claims (JCC). Appellant asserts that the JCC abused her...

Delgado v. A. Garcia Harvesting - 10/17/2005
In this workers' compensation appeal, Delgado, the former employee of appellee, A. Garcia Harvesting, Inc., appeals an order directing him to submit to monthly job interviews for the purpose of aiding him in his vocational...

Florida Bar v. Shoureas - 10/12/2005
We have for review the referee's reports in two cases involving ethical breaches by Marjorie Hollman Shoureas. We have jurisdiction. See art. V, § 15, Fla. Const. We consolidate the cases for purposes of this opinion. We approve the...

Summit Claims Management - 10/12/2005
This appeal arises from an order denying a workers' compensation lien on settlement proceeds that were generated through a third-party tort suit. The order denying the lien was entered by final summary judgment. See Fla. R. Civ. P....

Solsaa v. Werner Enterprises - 10/11/2005
In this workers' compensation appeal, Cherie Solsaa seeks reversal of an order of the Judge of Compensation Claims (JCC) which denied her claim for death benefits following the death of her husband, a truck driver and delivery man...

State v. Reese - 10/11/2005
The employer challenges a workers' compensation order by which the judge of compensation claims (1) applied the statutory presumption specified in the "Heart-Lung" statute, section 112.18, Florida Statutes, in determining that the...

Osceola County School Board v. Boos - 10/11/2005
The employer and servicing agent appeal a workers' compensation order by which the claimant was awarded temporary disability benefits based upon the $20 per week minimum compensation rate referenced in section 440.12(2), Florida...

Leone v. F.J.M. Construction - 10/6/2005
Petition for Writ of Prohibition -- Original Jurisdiction. George Leone petitions this court for a writ of prohibition, challenging an order of Judge of Compensation Claims Doris Jenkins which denied Leone's motion to disqualify...

Village of North Palm Beach v. McKale - 10/6/2005
The Employer/Carrier (E/C) appeals a non-final order determining compensability of a workers' compensation claim. Because we find that the trial court used the incorrect evidentiary standard, we reverse. The E/C alleges that...

Duckett v. State - 10/6/2005
Rehearing petition filed: 10/26/2005 James Duckett, convicted of first-degree murder and sentenced to death, appeals an order of the circuit court denying his motion for post-conviction relief under Florida Rule of Criminal...

Williams v. State - 10/3/2005
The Judge of Compensation Claims correctly found that the employer/carrier was entitled to the benefit of the workers' compensation statute of limitations. Although the employer/carrier made certain medical and indemnity payments after...

Zabik v. Palm Beach County School Dist. - 9/22/2005
Petition for Writ of Certiorari - Original Jurisdiction. Valerie Zabik petitions this court for the issuance of a writ of certiorari from a non-final workers' compensation order compelling her to attend a psychiatric independent...

Myers v. Hillsborough County School Board & Rskco - 9/22/2005
David T. Myers appeals a final order denying, inter alia, his workers' compensation claims for authorization for psychiatric treatment by a Dr. Gonzalez, and for permanent total disability benefits, augmented by supplemental benefits....

Sonic Automotive v. James - 9/19/2005
Sonic Automotive and Royal & Sunalliance, the employer and carrier, appeal a workers' compensation order awarding appellee claimant temporary indemnity benefits, which we affirm, as supported by competent, substantial evidence. We...

Cook v. State - 9/16/2005
Mark E. Cook appeals his judgment and sentences for eight counts of capital sexual battery. Although we conclude that none of the issues raised by Cook require reversal, we write to address Cook's claim that the trial court improperly...

Cross v. Pumpco - 9/14/2005
In dismissing appellant's complaint with prejudice based on fraud on the court, the trial court found that appellant misrepresented, during discovery, the nature of his injuries to his neck and shoulder from a prior accident and that...

Rosen Building Supplies - 9/7/2005
Richard P. Krupa (Krupa) was employed by Rosen Building Supplies, Inc. (Rosen) as a salesman. After his employment was terminated, Krupa filed suit against Rosen seeking unpaid wages pursuant to section 448.08, Florida Statutes. He...

In re Standard Jury Instructions in Criminal Cases - 9/1/2005
The Supreme Court Committee on Standard Jury Instructions (Criminal) petitions this Court to amend the Florida Standard Jury Instructions in Criminal Cases. We have jurisdiction. See art. V, § 2(a), Fla. Const. The proposed...

Roberts v. Spartan Premier Staffing - 8/31/2005
Ronald Roberts (claimant or appellant) appeals a final workers' compensation order denying his petition for certain medical benefits. We affirm in part, reverse in part, and remand with directions that appellees pay for the expenses...

Medical Logistics - 8/29/2005
The employer/carrier appeal a workers' compensation order by which their fraud defense was denied and various benefits were awarded to the claimant. Although the evidence was sufficient to support each of the awards and did not compel...

Protegrity Services - 8/24/2005
Protegrity Services, Inc. and Folksamerica Reinsurance Company (collectively referred to as "Protegrity," the employer/workers' compensation carrier), challenge the circuit court's denial of their motion to dismiss plaintiff's...

Dep't of Children and Family Services v. Garcia - 8/24/2005
Before COPE, C.J., and CORTINAS, J., and SCHWARTZ, Senior Judge. The Department of Children and Family Services appeals from an adverse final order of the Florida Commission on Human Relations. The decision under review...

Collins v. Masters - 8/19/2005
The claimant is not entitled to recover workers' compensation benefits from the employer/carrier because the claimant filed a valid notice of election to be exempt from the provisions of chapter 440, Florida Statutes. See Battle v....

Maggio v. Dep't of Labor and Employment Security - 8/10/2005
ON REMAND FROM THE SUPREME COURT OF FLORIDA This case is before us on remand from the Florida Supreme Court, which disagreed with our conclusion that Janet Maggio's employment discrimination claims against the Department of Labor...

McBride v. Pratt & Whitney - 8/4/2005
In this workers' compensation case, claimant seeks review of a final order denying his petition for benefits on the ground that it was barred by the applicable statute of limitations. Because we conclude that the judge of compensation...

United Rentals - 7/29/2005
Appellants, United Rentals, Inc. and Cambridge Integrated Services Group, Inc., the employer and carrier, challenge that portion of a workers' compensation order awarding Michael Parrish, the claimant, temporary total disability...

Boyett v. Wal-Mart and Integrated Administrators - 7/21/2005
In this workers' compensation case, claimant asserts that the judge of compensation claims committed reversible error in holding that (1) claimant's left-sided flank hernia was not compensable notwithstanding the failure of the...

Sardinas v. State - 7/20/2005
Ibis Sardinas appeals from the Unemployment Appeals Commission's reversal of the appeals referee's decision that she left her employment with good cause attributable to her employer and was qualified for unemployment benefits. §...

Baron v. Provencial - 7/20/2005
This appeal arises from orders enforcing a settlement agreement in a suit for specific performance. We dismiss the appeal for lack of jurisdiction, because the orders appealed are non-appealable, non-final orders. "It is well...

Cole v. Fairfield Communities - 7/20/2005
The appellant, Jill Cole, appeals from the denial of her workers' compensation claim for a neck injury. We conclude that the judge of compensation claims properly ruled that the injury was not compensable. Although the carrier made one...

Mylock v. Champion International - 7/18/2005
In this workers' compensation appeal, claimant Alvin Mylock challenges the order of the judge of compensation claims (JCC) denying his petition for attorney fees, entered on the ground that his attorney failed to secure for him any...

Wilson v. United Manufacturers Supplies - 7/15/2005
The facts are undisputed in this workers' compensation case. Those undisputed facts establish as a matter of law that, at the time of the accident, claimant was in the course and scope of his employment. See, e.g., Johns v. State,...

Whitehead v. Orange County Sheriff's Dep't - 7/15/2005
Claimant appeals the order of the Judge of Compensation Claims (JCC), which held Claimant's broken wrist, sustained when playing softball with her supervisor and co-workers while she was "on-call," was not compensable. We affirm. ...

Rivera & Co. of S.W. Florida - 7/11/2005
AFFIRMED. BARFIELD, BENTON, and HAWKES, JJ., CONCUR. ...

Florida Bar v. Shankman - 7/7/2005
We have for review a referee's report regarding alleged ethical breaches by David S. Shankman. We have jurisdiction. See art. V, § 15, Fla. Const. I. FACTS The Florida Bar filed a complaint against attorney David S....

Speedway SuperAmerica - 7/1/2005
Speedway SuperAmerica, LLC ("Speedway") appeals from a judgment awarding Erma Dupont $80,740.54 following a jury verdict in this lawsuit for sexual harassment and hostile work environment. We reverse the trial court's denial of...

McBride v. Gemini Air Cargo - 6/29/2005
Before GERSTEN, RAMIREZ and SUAREZ, JJ. The Appellants, Reed McBride, Jesus Pietri, Omar Tejada, and Homero Herrera, appeal the trial court's order dismissing their Florida Whistleblower Act ("FWA") complaints with prejudice. We...

Riopelle v. Dep't of Financial Services - 6/28/2005
Susie Riopelle, owner of Yellow Jacket Construction, Inc., appeals two orders of the Department of Financial Services, affirming two stop- work and penalty-assessment orders issued against her for failing to provide...

Florida Retail Rederation Self-Insured Fund-Summit Claims Center v. Quintero - 6/28/2005
Appellant, an insurance carrier, appeals an order finding that the workers' compensation policy issued by it to the employer below was in full force and effect on the date of the industrial accident suffered by the claimant. The order...

Allen v. Protel - 6/28/2005
This is the second time this workers' compensation case has been before us. On the prior appeal, we reversed the order holding that claimant was not permanently and totally disabled "because the findings recited in the order re so...

Aguilera v. Inservices - 6/16/2005
We have for review Inservices, Inc. v. Aguilera, 837 So. 2d 464 (Fla. 3d DCA 2002), which expressly and directly conflicts with and also misapplies our decision in Sibley v. Adjustco, Inc., 596 So. 2d 1048 (Fla. 1992). We have...

Baldassare v. Jacksonville Sheriff's Office - 6/10/2005
Petition for Writ of Certiorari - Original Jurisdiction. DENIED. WEBSTER, DAVIS and THOMAS, JJ., CONCUR. ...

Wright v. Florida Workers ' Compensation Guaranty - 6/8/2005
AFFIRMED. ALLEN, VAN NORTWICK AND BROWNING, JJ., CONCUR. ...

City of Mary Esther v. McArtor - 6/7/2005
The dispute in this case arose from a determination by the Judge of Compensation Claims (JCC) that the City of Mary Esther and the workers' compensation carrier it employed before October 1, 2000, Florida League of Cities, Inc....

City of Cooper City v. Farthing - 5/27/2005
ON MOTION FOR REHEARING AND/OR CLARIFICATION We strike appellee's motion for rehearing and/or clarification as untimely under Florida Rule of Appellate Procedure 9.330(a). On our own motion, however, we reconsider and withdraw...

Wisznia v. Leon County Division of Animal Control - 5/19/2005
ON MOTION FOR REHEARING AND/OR CLARIFICATION We grant appellees' Motion for Rehearing and/or Clarification to the extent that we withdraw our previous opinion and substitute the following: In this workers' compensation...

Bullard v. Busch - 5/5/2005
Joseph Bullard (claimant) appeals a workers' compensation order denying him certain compensation benefits. He complains that no competent substantial evidence (CSE) supports the judge of compensation claims' (JCC) conclusions that (1)...

Cintas Corp. No. 2 v. Schwalier - 4/29/2005
This is an appeal from a non-final order denying a motion to compel arbitration. We conclude that the employment contract containing the arbitration clause was valid and enforceable and therefore hold that the trial court erred in...

FCCI Insurance Co. v. Cayce's Excavation - 4/27/2005
FCCI Insurance Company (FCCI) and the Florida Employers Insurance Service Corporation (FEIS) challenge the final summary judgment entered in favor of Cayce's Excavation, Inc., which required FCCI and FEIS to pay Cayce's the sum of...

Cortina v. State - 4/27/2005
Claimant, Gladys Cortina, challenges a final order of the Judge of Compensation Claims (JCC) denying benefits. Claimant raises three issues on appeal: 1) whether the JCC erred by finding that no dispute existed for which appellant was...

State v. Shinall - 4/20/2005
The State of Florida seeks review of a trial court order denying all restitution after appellee David Shinall entered a plea of no contest to workers' compensation insurance fraud and agreed to pay restitution as determined by the...

Woolf v. Woolf - 4/20/2005
ON MOTION FOR REHEARING AND MOTION FOR REHEARING EN BANC We deny Cynthia R. Woolf's motion for rehearing and motion for rehearing en banc. However, we withdraw our previous opinion and substitute this opinion in its place. ...

McNichols v. State - 4/15/2005
A cracked windshield on Kevin McNichols' vehicle caused an Osceola County deputy to stop him. After the stop, the deputy examined McNichols' drivers license and expired vehicle registration and only issued a verbal warning in lieu of a...

Ameritrust Insurance Corp. v. O'Donnell Landscapes - 4/15/2005
Ameritrust Insurance Corporation (Ameritrust) petitions this court for a writ of certiorari to quash a trial court order compelling it to disclose information that Ameritrust claims is protected by the trade secret privilege. The trial...

Acker v. Acker - 4/14/2005
Rehearing petition filed: 04/29/2005; Rehearing denied: 06/07/2005 We have for review the decision in Acker v. Acker, 821 So. 2d 1088 (Fla. 3d DCA 2002), which certified conflict with the decisions in Rogers v. Rogers, 746 So. 2d...

Columbia v. Brown - 4/12/2005
Petition for Writ of Certiorari - Original Jurisdiction Petitioners, Anderson Columbia and Commercial Risk Management, Inc., seek certiorari relief from an order of the Judge of Compensation Claims (JCC) compelling disclosure of...

[W] City of Cooper City v. Farthing - 4/7/2005
This is a workers' compensation appeal from a final order determining appellee/claimant Ronald Farthing's condition, chronic obstructive pulmonary disease (COPD), a compensable occupational disease. Because we find no competent,...

In re Amendments to the Florida Rules of Criminal Procedure-Conform Rules to 2004 Ligislation - 4/7/2005
Original Proceedings - The Florida Rules of Criminal Procedure - Conform Rules to 2004 Legislation The Florida Bar's Criminal Procedure Rules Committee (Committee) has filed an out-of-cycle report proposing amendments to the...

[W] Wisznia v. Leon County Division of Animal Control - 4/7/2005
In this workers' compensation case, as in Cromartie v. City of St. Petersburg, 882 So. 2d 439 (Fla. 1st DCA 2004), our review of the record satisfies us that the record does not contain competent and substantial evidence to support the...

Moreno v. Ron Kendall Masonry/Staffing Concepts National - 3/30/2005
The order striking appellant's petition for benefits is reversed and this matter is remanded to the lower tribunal for further proceedings in accordance with Cagnoli v. Tandem Staffing, 888 So. 2d 79 (Fla. 1st DCA 2004). REVERSED...

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