Cases

(Second DCA) This case involved the question of workers' compensation immunity in a civil cause of action as provided for in Section 440.10(1)(b), Florida Statutes, and whether the parties to the cause of action qualified as contractors/subcontractors and were entitled to workers' compensation immunity based on the theory of horizontal immunity.  In order for horizontal immunity to apply, the entity alleged to be the contractor must have incurred a contractual obligation with a third party, a part of such obligation being delegated or sublet to a subcontractor whose employee is injured.  In this case, there was no evidence that the alleged contractor was performing any work, of any kind, on behalf of any third party. To the contrary, the evidence reflected that the alleged contractor was acting on its own behalf as the owner of the property in question where the accident occurred.  Accordingly, the court determined that the lower court erred in granting exclusive remedy protection of the workers' compensation statute based on a contractor/subcontractor relationship since the alleged contractor had no obligation under a third party contract to perform the work.