Saleeby v. Rocky Elson Construction, Inc.
32 FLW D2115
Claimant was employed by a health service supply company to perform manual labor for various companies. He would report to the health services company and would be assigned to different employers to perform actual job responsibilities. He was instructed, supervised and controlled by the hiring company. The health supply services company retained the exclusive right to fire the claimant and was responsible for paying him at the end of the work day. Claimant was injured while working for employer to whom he was assigned by the health supply services company. Cause of action brought against employer where he was working at the time of accident. Workers’ compensation benefits obtained from health supply service company.
Workers’ compensation exclusive remedy precluded cause of action against hiring company. See Section 440.11(2), Florida Statutes. Workers’ compensation immunity to an employer is extended to those who use employees of a health supply services company. Employee leasing companies, temporary health services, and labor pools are health supply companies for purposes of Chapter 440, Florida Statutes.
Court determined also that the intentional tort exception to workers’ compensation immunity did not apply in this case. Court pointed out that Florida adheres to an interpretation of the Workers’ Compensation Act that broadly preserves immunity even in the face of sometimes egregious acts by employers and managers. Citing the case of Turner v. PCR, Inc., 754 So. 2d 683, court determined that lower court had properly instructed the jury in regards to this exception to the exclusive remedy doctrine.
Lower court did not abuse its discretion in admitting evidence of a co-defendant’s settlement in cause of action. Section 90.408, Florida Statutes, excludes evidence of a settlement to prove liability; courts may, however, admit evidence of a settlement if offered for other purposes, such as proving witness bias or prejudice. A witness’s bias or improper motive is always an important factor for credibility determinations.