Contractor Can Assert Workers' Comp Immunity: Fla. Court
By Carolina Bolado (September 24, 2014, 5:01 PM EDT) -- A Florida appeals court said Wednesday that highway maintenance contractor VMS Inc. could assert workers' compensation immunity in a negligence suit filed by a sub-subcontractor's employee because VMS had fulfilled its statutory duty by securing coverage for its subcontractor.
Florida's Third District Court of Appeal reversed a lower court's partial summary judgment ruling that said VMS was estopped from asserting workers' compensation immunity because it had not reported the incident to its compensation carrier.
"In this case, there is no dispute that VMS secured coverage for ABC's employees by virtue of the insurance coverage secured by its subcontractor, ABC," the appeals...
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