Lovering v. Nickerson and the Middlesex Corporation 5th DCA
36 FLW D1896
The question in this case is whether the exclusive remedy provisions of the Florida Workers' Compensation Act precluded recovery by the plaintiff. Section 440.11, Florida Statutes, and 440.02 (15)(c), Florida Statutes, provide that a contractor receives immunity from negligence liability for injuries suffered by an independent contractor working or performing services in the construction industry in exchange for the contractor's statutory obligation to maintain workers' compensation coverage for employees at the construction site. Court determined that plaintiff in this instance was not a statutory employee of defendant since he was not working or performing services in the construction industry.