Amorin v. Gordon et al.
33 FLW D2764
The standard of review for an order granting Summary Judgment in regards to the exclusive remedy provisions of the Florida Workers’ Compensation Act is de novo.
Employee of one subcontractor filed civil cause of action against employee and other subcontractors based on the negligent operation of a motor vehicle. General contractor had obtained workers’ compensation coverage but the two subcontractors had not, contrary to a contractual provision existing between both subcontractors and the general contractor. The question in this case was whether the one subcontractor sued had horizontal immunity from such civil cause of action in accordance with Section 440.10(1)(e), Florida Statutes (2004).
Court determined that because general contractor’s policy of insurance provided workers’ compensation coverage to both uninsured subcontractors, the first condition of horizontal immunity referenced in the above 2004 statutory change had been met, i.e., there was workers’ compensation coverage insuring the subcontractors. Because of the fact that there was no assertion that the alleged responsible employee of another subcontractor was grossly negligent, horizontal immunity existed.
Court determined that Section 440.10(1)(e), Florida Statutes (2004), related to horizontal immunity was constitutional.