Florida Statute 440.10 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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440.10 Liability for compensation.—

(1)(a) Every employer coming within the provisions of this chapter shall be liable for, and shall secure, the payment to his or her employees, or any physician, surgeon, or pharmacist providing services under the provisions of s. 440.13, of the compensation payable under ss. 440.13, 440.15, and 440.16. Any contractor or subcontractor who engages in any public or private construction in the state shall secure and maintain compensation for his or her employees under this chapter as provided in s. 440.38.

(b) In case a contractor sublets any part or parts of his or her contract work to a subcontractor or subcontractors, all of the employees of such contractor and subcontractor or subcontractors engaged on such contract work shall be deemed to be employed in one and the same business or establishment, and the contractor shall be liable for, and shall secure, the payment of compensation to all such employees, except to employees of a subcontractor who has secured such payment.

(c) A contractor shall require a subcontractor to provide evidence of workers’ compensation insurance. A subcontractor who is a corporation and has an officer who elects to be exempt as permitted under this chapter shall provide a copy of his or her certificate of exemption to the contractor.

(d)1. If a contractor becomes liable for the payment of compensation to the employees of a subcontractor who has failed to secure such payment in violation of s. 440.38, the contractor or other third-party payor shall be entitled to recover from the subcontractor all benefits paid or payable plus interest unless the contractor and subcontractor have agreed in writing that the contractor will provide coverage.

2. If a contractor or third-party payor becomes liable for the payment of compensation to the corporate officer of a subcontractor who is engaged in the construction industry and has elected to be exempt from the provisions of this chapter, but whose election is invalid, the contractor or third-party payor may recover from the claimant or corporation all benefits paid or payable plus interest, unless the contractor and the subcontractor have agreed in writing that the contractor will provide coverage.

(e) A subcontractor providing services in conjunction with a contractor on the same project or contract work is not liable for the payment of compensation to the employees of another subcontractor or the contractor on such contract work and is protected by the exclusiveness-of-liability provisions of s. 440.11 from any action at law or in admiralty on account of injury to an employee of another subcontractor, or of the contractor, provided that:

1. The subcontractor has secured workers’ compensation insurance for its employees or the contractor has secured such insurance on behalf of the subcontractor and its employees in accordance with paragraph (b); and

2. The subcontractor’s own gross negligence was not the major contributing cause of the injury.

(f) If an employer fails to secure compensation as required by this chapter, the department shall assess against the employer a penalty not to exceed $5,000 for each employee of that employer who is classified by the employer as an independent contractor but who is found by the department to not meet the criteria for an independent contractor that are set forth in s. 440.02. The department shall adopt rules to administer the provisions of this paragraph.

(g) Subject to s. 440.38, any employer who has employees engaged in work in this state shall obtain a Florida policy or endorsement for such employees which utilizes Florida class codes, rates, rules, and manuals that are in compliance with and approved under the provisions of this chapter and the Florida Insurance Code. Failure to comply with this paragraph is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The department shall adopt rules for construction industry and nonconstruction-industry employers with regard to the activities that define what constitutes being “engaged in work” in this state, using the following standards:

1. For employees of nonconstruction-industry employers who have their headquarters outside of Florida and also operate in Florida and who are routinely crossing state lines, but usually return to their homes each night, the employee shall be assigned to the headquarters’ state. However, the construction industry employees performing new construction or alterations in Florida shall be assigned to Florida even if the employees return to their home state each night.

2. The payroll of executive supervisors who may visit a Florida location but who are not in direct charge of a Florida location shall be assigned to the state in which the headquarters is located.

3. For construction contractors who maintain a permanent staff of employees and superintendents, if any of these employees or superintendents are assigned to a job that is located in Florida, either for the duration of the job or any portion thereof, their payroll shall be assigned to Florida rather than the headquarters’ state.

4. Employees who are hired for a specific project in Florida shall be assigned to Florida.

(2) Compensation shall be payable irrespective of fault as a cause for the injury, except as provided in s. 440.09(3).

History.—s. 10, ch. 17481, 1935; CGL 1936 Supp. 5966(10); s. 4, ch. 18413, 1937; s. 6, ch. 74-197; s. 23, ch. 78-300; ss. 5, 124, ch. 79-40; s. 21, ch. 79-312; s. 2, ch. 80-236; s. 14, ch. 86-171; ss. 7, 43, ch. 89-289; ss. 15, 56, ch. 90-201; ss. 11, 52, ch. 91-1; s. 4, ch. 91-2; s. 7, ch. 93-415; s. 104, ch. 97-103; s. 4, ch. 98-174; s. 15, ch. 2002-194; s. 7, ch. 2002-236; s. 470, ch. 2003-261; s. 8, ch. 2003-412.

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Amendments to 440.10

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 440.10

Level: Degree
Misdemeanor/Felony: First/Second/Third

S440.10 1g - PUBLIC ORDER CRIMES - FAIL TO OBTAIN FLORIDA WORK COMP POLICY - F: S

Cases Citing Statute 440.10

Total Results: 257

Walker & LaBerge, Inc. v. Halligan

344 So. 2d 239

Supreme Court of Florida | Filed: Mar 17, 1977 | Docket: 474714

Cited 72 times | Published

filing of the complaint in the instant action, Section 440.10, Florida Statutes (1973), was amended by addition

Jones v. Florida Power Corp.

72 So. 2d 285, 1954 Fla. LEXIS 1403

Supreme Court of Florida | Filed: Apr 6, 1954 | Docket: 456566

Cited 59 times | Published

payable under §§ 440.13, 440.15 and 440.16." Section 440.10, Florida Statutes 1953, same F.S.A. If it is

Conklin v. Cohen

287 So. 2d 56

Supreme Court of Florida | Filed: Dec 5, 1973 | Docket: 1653027

Cited 54 times | Published

Grinnell's employees) within the meaning of Section 440.10 quoted supra, since the clear implication in

Barragan v. City of Miami

545 So. 2d 252, 1989 WL 38852

Supreme Court of Florida | Filed: Apr 20, 1989 | Docket: 160620

Cited 39 times | Published

includes all political subdivisions of the state. Section 440.10, Florida Statutes (1987), requires every employer

Seaboard Coast Line RR Co. v. Smith

359 So. 2d 427

Supreme Court of Florida | Filed: Jun 13, 1978 | Docket: 165672

Cited 38 times | Published

"(1) The liability of an employer prescribed in § 440.10 shall be exclusive and in place of all other liability

Chorak v. Naughton

409 So. 2d 35

District Court of Appeal of Florida | Filed: Feb 5, 1982 | Docket: 525824

Cited 35 times | Published

The liability of an employer prescribed in section 440.10 shall be exclusive and in place of all other

Marlene Studstill v. Borg Warner Leasing, a Division of Borg Warner Acceptance Corporation, a Foreign Corporation

806 F.2d 1005, 6 Fed. R. Serv. 3d 834, 1986 U.S. App. LEXIS 35031, 42 Empl. Prac. Dec. (CCH) 36,759, 50 Fair Empl. Prac. Cas. (BNA) 427

Court of Appeals for the Eleventh Circuit | Filed: Dec 22, 1986 | Docket: 798277

Cited 33 times | Published

The liability of an employer prescribed in section 440.10 shall be exclusive and in place of all other

Frantz v. McBee Company

77 So. 2d 796

Supreme Court of Florida | Filed: Feb 4, 1955 | Docket: 1764352

Cited 32 times | Published

that "The liability of an employer prescribed in § 440.10 shall be exclusive and in place of all other liability

Sunspan Eng. & Const. Co. v. SPRING-LOCK SCAFFOLD. CO.

310 So. 2d 4

Supreme Court of Florida | Filed: Jan 29, 1975 | Docket: 1281120

Cited 30 times | Published

"that the liability of an employer prescribed in § 440.10 shall be exclusive and in place of all other liability

Miami Roofing & Sheet Metal Co. v. Kindt

48 So. 2d 840, 1950 Fla. LEXIS 1597

Supreme Court of Florida | Filed: Nov 21, 1950 | Docket: 543651

Cited 27 times | Published

the legislature in amending Section 10(a) [Section 440.10(1), Florida Statutes, same F.S.A.] was to abrogate

Gator Freightways, Inc. v. Roberts

550 So. 2d 1117, 14 Fla. L. Weekly 542, 1989 Fla. LEXIS 1055, 1989 WL 128597

Supreme Court of Florida | Filed: Oct 26, 1989 | Docket: 1370370

Cited 26 times | Published

statutory employee of Gator Freightways pursuant to section 440.10, Florida Statutes (1985). The deputy commissioner

Vernon v. Medical Management Associates of Margate, Inc.

912 F. Supp. 1549, 1996 U.S. Dist. LEXIS 520, 1996 WL 18791

District Court, S.D. Florida | Filed: Jan 16, 1996 | Docket: 1814926

Cited 24 times | Published

Florida Workers' Compensation Act. See Fla.Stat. § 440.10 et seq. Section 440.11(1) of the Act provides

State v. Luckie

145 So. 2d 239

District Court of Appeal of Florida | Filed: Sep 18, 1962 | Docket: 1286509

Cited 23 times | Published

pertinent statute which controls our decision is Section 440.10, F.S.A., which provides as follows: "(1) Every

Florida Ins. Guar. Ass'n v. Revoredo

698 So. 2d 890, 1997 WL 525289

District Court of Appeal of Florida | Filed: Aug 27, 1997 | Docket: 1524262

Cited 21 times | Published

Perez, the general contractor. Pursuant to section 440.10(1), Florida Statutes (1989),[1] Revoredo was

Roberts v. Gator Freightways, Inc.

538 So. 2d 55, 14 Fla. L. Weekly 240, 1989 Fla. App. LEXIS 249, 1989 WL 3890

District Court of Appeal of Florida | Filed: Jan 20, 1989 | Docket: 472354

Cited 20 times | Published

employer of claimant under the provisions of Section 440.10, Florida Statutes (1985). We affirm the first

Cadillac Fairview of Florida, Inc. v. Cespedes

468 So. 2d 417

District Court of Appeal of Florida | Filed: Apr 30, 1985 | Docket: 400975

Cited 20 times | Published

was a statutory "contractor" as defined in section 440.10, Florida Statutes (1979)[1] on the one home

Collins v. Federated Mutual Imp. & Hdwe. Ins. Co.

247 So. 2d 461

District Court of Appeal of Florida | Filed: Apr 23, 1971 | Docket: 1461459

Cited 20 times | Published

593, 85 L.Ed. 897. Liberally sprinkled through § 440.10 of the Workmen's Compensation Act are the words

Gulfstream Land & Development Corp. v. Wilkerson

420 So. 2d 587, 1982 Fla. LEXIS 2564

Supreme Court of Florida | Filed: Sep 23, 1982 | Docket: 1306578

Cited 19 times | Published

that § 440.10, Fla. Stat. (Supp. 1974), did not apply. Because there is no provision like § 440.10 relating

Motchkavitz v. LC Boggs Industries, Inc.

407 So. 2d 910

Supreme Court of Florida | Filed: Dec 10, 1981 | Docket: 244604

Cited 18 times | Published

of the negligence of the latter's employee? Section 440.10(1), Florida Statutes (1971), requires every

Stephens Ex Rel. Estate of Becker v. Mid-Continent Casualty Co.

749 F.3d 1318, 2014 WL 1623737, 2014 U.S. App. LEXIS 7697

Court of Appeals for the Eleventh Circuit | Filed: Apr 24, 2014 | Docket: 244531

Cited 17 times | Published

Stat. § 440.10(1). The Florida Supreme Court has explained that the “effect of section 440.10 is that

Employers Ins. of Wausau v. Abernathy

442 So. 2d 953, 1983 Fla. LEXIS 3185

Supreme Court of Florida | Filed: Dec 15, 1983 | Docket: 469134

Cited 17 times | Published

Suffice it to say that the 1974 amendment to section 440.10, Florida Statutes, which authorizes suit by

Miami Herald Publishing v. Hatch

617 So. 2d 380, 1993 WL 116745

District Court of Appeal of Florida | Filed: Apr 16, 1993 | Docket: 457901

Cited 16 times | Published

compensation benefits and taxable costs. We affirm. Section 440.10(1), Florida Statutes (1989 & 1991). Whether

Smith v. Ussery

261 So. 2d 164

Supreme Court of Florida | Filed: Mar 29, 1972 | Docket: 1358219

Cited 16 times | Published

employer" section of the statute is set forth in § 440.10(1),[1] and has been correctly used in *165 Miami

Trail Builders Supply Company v. Reagan

235 So. 2d 482

Supreme Court of Florida | Filed: Mar 18, 1970 | Docket: 730897

Cited 15 times | Published

LIABILITY The liability of an employer prescribe in § 440.10 shall be exclusive and in place of all other liability

Smith v. Poston Equipment Rentals

105 So. 2d 578

District Court of Appeal of Florida | Filed: Sep 25, 1958 | Docket: 1753165

Cited 15 times | Published

this connection it is necessary to refer to section 440.10(1) Fla. Stat., F.S.A., which is a portion of

Winn-Lovett Tampa v. Murphree

73 So. 2d 287, 1954 Fla. LEXIS 1527

Supreme Court of Florida | Filed: Jun 18, 1954 | Docket: 322271

Cited 15 times | Published

employer: "The liability of an employer prescribed in § 440.10 shall be exclusive and in place of all other liability

Carter v. Sims Crane Service, Inc.

198 So. 2d 25

Supreme Court of Florida | Filed: Apr 12, 1967 | Docket: 1354823

Cited 14 times | Published

liability The liability of an employer prescribed in § 440.10 shall be exclusive and in place of all other liability

Quality Shell Homes & Supply Company v. Roley

186 So. 2d 837, 1966 Fla. App. LEXIS 5420

District Court of Appeal of Florida | Filed: May 26, 1966 | Docket: 533034

Cited 14 times | Published

follows: "The liability of an employer prescribed in § 440.10 shall be exclusive and in place of all other liability

Aguilera v. Inservices, Inc.

905 So. 2d 84, 2005 WL 1403993

Supreme Court of Florida | Filed: Jun 16, 2005 | Docket: 2104286

Cited 12 times | Published

at the time material here was presented in section 440.10(1)(a), Florida Statutes (2000), which provided

Rabon v. Inn of Lake City, Inc.

693 So. 2d 1126, 1997 Fla. App. LEXIS 5603, 1997 WL 268489

District Court of Appeal of Florida | Filed: May 22, 1997 | Docket: 435368

Cited 12 times | Published

the statutory employer of Rabon pursuant to section 440.10(1)(b) and, thus, was immune from civil liability

Centennial Insurance Co. v. Wallace

330 So. 2d 815

District Court of Appeal of Florida | Filed: Apr 6, 1976 | Docket: 1774810

Cited 12 times | Published

"(1) The liability of an employer prescribed in § 440.10 shall be exclusive and in place of all other liability

Woods v. Carpet Restorations, Inc.

611 So. 2d 1303, 1992 WL 385452

District Court of Appeal of Florida | Filed: Dec 30, 1992 | Docket: 152993

Cited 11 times | Published

those duties, is not a statutory employer under section 440.10(1)(b), Florida Statutes (1991), such as to

Hamilton v. Shell Oil Company

215 So. 2d 21

District Court of Appeal of Florida | Filed: Oct 25, 1968 | Docket: 1312361

Cited 11 times | Published

Defendant go hence without day * * *." F.S. 1967, Section 440.10, F.S.A. provides: "(1) Every employer coming

Aravena v. Miami-Dade County

928 So. 2d 1163, 31 Fla. L. Weekly Supp. 205, 2006 Fla. LEXIS 556, 2006 WL 870503

Supreme Court of Florida | Filed: Apr 6, 2006 | Docket: 1713704

Cited 10 times | Published

scope of employment." (Emphasis supplied.) Section 440.10, Florida Statutes (2001), sets forth the employer's

Fleetwood Homes of Florida, Inc. v. Reeves

833 So. 2d 857, 2002 WL 31875183

District Court of Appeal of Florida | Filed: Dec 27, 2002 | Docket: 1259184

Cited 10 times | Published

employer has provided the benefits required under section 440.10, Florida Statutes (Supp.1990). Rarely does

Brown v. Winn-Dixie Montgomery, Inc.

469 So. 2d 155, 50 Fair Empl. Prac. Cas. (BNA) 458, 10 Fla. L. Weekly 1129, 1985 Fla. App. LEXIS 13817

District Court of Appeal of Florida | Filed: May 7, 1985 | Docket: 1372080

Cited 10 times | Published

account of such injury or death... ." (e.s.) Section 440.10 places on the employer the responsibility for

Clark v. Better Const. Co., Inc.

420 So. 2d 929

District Court of Appeal of Florida | Filed: Oct 26, 1982 | Docket: 1711360

Cited 10 times | Published

immunity from liability for negligent conduct. § 440.10, Fla. Stat. (1975);[1] § 440.11, Fla. Stat. (1975)

Hamilton v. Shell Oil Company

233 So. 2d 179

District Court of Appeal of Florida | Filed: Mar 18, 1970 | Docket: 1767379

Cited 10 times | Published

The liability of an employer prescribed in § 440.10 shall be exclusive and in place of all other liability

Sentry Insurance Co. v. Hamlin

69 So. 3d 1065, 2011 Fla. App. LEXIS 15034, 2011 WL 4389219

District Court of Appeal of Florida | Filed: Sep 22, 2011 | Docket: 2356229

Cited 9 times | Published

irrespective of fault as a cause for the injury." § 440.10(2), Fla. Stat. (2008). The Supreme Court has summarized

Derogatis v. Fawcett Memorial Hosp.

892 So. 2d 1079, 2004 WL 2451759

District Court of Appeal of Florida | Filed: Nov 3, 2004 | Docket: 471960

Cited 9 times | Published

Stat. (2000),[1] or as her statutory employer, § 440.10(1)(b). The trial court ruled that Derogatis was

Florida Power and Light Company v. Brown

274 So. 2d 558

District Court of Appeal of Florida | Filed: Mar 13, 1973 | Docket: 1676272

Cited 9 times | Published

from is hereby affirmed. Affirmed. NOTES [1] § 440.10, Fla. Stat., F.S.A., provides in part: "Liability

Street v. Safway Steel Scaffold Company

148 So. 2d 38

District Court of Appeal of Florida | Filed: Dec 20, 1962 | Docket: 1732936

Cited 9 times | Published

exclusive remedy to the lessor or vendor because § 440.10 does not impose upon a general contractor the

Ramcharitar v. Derosins

35 So. 3d 94, 2010 Fla. App. LEXIS 6554, 2010 WL 1875616

District Court of Appeal of Florida | Filed: May 12, 2010 | Docket: 1645683

Cited 8 times | Published

(Fla.1983), which interprets this version of section 440.10, mandates this result. In 1937, Florida's Workers'

Keith v. News & Sun Sentinel Co.

667 So. 2d 167, 20 Fla. L. Weekly Supp. 454, 1995 Fla. LEXIS 1423, 1995 WL 811523

Supreme Court of Florida | Filed: Sep 7, 1995 | Docket: 344845

Cited 8 times | Published

contractor as defined in that decision or in Section 440.10, Florida Statutes.

Delta Air Lines, Inc. v. Cunningham

658 So. 2d 556, 1995 WL 353493

District Court of Appeal of Florida | Filed: Jun 14, 1995 | Docket: 439391

Cited 8 times | Published

court denied the motion, and Delta appeals. Section 440.10(1)(b), Florida Statutes (1993), states that

Antinarelli v. Ocean Suite Hotel

642 So. 2d 661, 1994 WL 502665

District Court of Appeal of Florida | Filed: Sep 16, 1994 | Docket: 1529498

Cited 8 times | Published

Claimant's statutory employer for purposes of section 440.10(1)(b), Florida Statutes (1991). We reverse

Robert E. Penton, Sr. v. Pompano Construction Co., Inc., and Futch Leasing, Inc., Futch Construction, Inc., Robert E. Penton, Sr. v. Pompano Construction Company, Inc., Futch Construction, Inc., Futch Leasing, Inc.

976 F.2d 636

Court of Appeals for the Eleventh Circuit | Filed: Jan 5, 1993 | Docket: 839316

Cited 8 times | Published

Fla.Stat. §§ 440.01-440.60 (1987). Fla.Stat. § 440.10(1) provides in pertinent part: (1) Every

Criterion Leasing Group v. Gulf Coast Plastering & Drywall

582 So. 2d 799, 1991 WL 133435

District Court of Appeal of Florida | Filed: Jul 18, 1991 | Docket: 1363272

Cited 8 times | Published

that followed Gulf Coast's reliance. Second, Section 440.10(1), Florida Statutes, requires a general contractor

Caraccioli v. KFC Manufacturing Corp.

761 F. Supp. 119, 1991 U.S. Dist. LEXIS 4931, 1991 WL 56422

District Court, M.D. Florida | Filed: Apr 12, 1991 | Docket: 1273583

Cited 8 times | Published

prescribed by the Florida Worker's Compensation Act, § 440.10, Fla.Stat. and is exclusive as to these Plaintiffs

Rebich v. BURDINE'S & LIBERTY MUT. INS. CO.

417 So. 2d 284

District Court of Appeal of Florida | Filed: Jul 16, 1982 | Docket: 1721903

Cited 8 times | Published

commissioner (then judge of industrial claims). § 440.10(1), Fla. Stat. (1973); Eastern Elevator Co. v

Sheedy v. Vista Properties, Inc.

410 So. 2d 561

District Court of Appeal of Florida | Filed: Feb 10, 1982 | Docket: 1518524

Cited 8 times | Published

general contractor within the purview of Florida Statute 440.10(1). In order to so qualify VISTA PROPERTIES

Zenchak v. Ryder Truck Rentals, Inc.

150 So. 2d 727

District Court of Appeal of Florida | Filed: Mar 12, 1963 | Docket: 1733076

Cited 8 times | Published

found the defendant immune from suit by reason of § 440.10(1), Fla. Stat., F.S.A., which is a part of the

Fidelity Const. Co. v. Arthur J. Collins & Son, Inc.

130 So. 2d 612

Supreme Court of Florida | Filed: May 24, 1961 | Docket: 1682373

Cited 8 times | Published

liability for workmen's compensation under Section 440.10(1), Florida Statutes, F.S.A., reading as follows:

Anthony L. Estes v. Bruce Chapman

382 F.3d 1237, 2004 U.S. App. LEXIS 18374, 2004 WL 1925605

Court of Appeals for the Eleventh Circuit | Filed: Aug 31, 2004 | Docket: 398134

Cited 7 times | Published

121 S.Ct. at 363 (citing N.Y.Crim. Proc. Law § 440.10(2)(a), 2(c)). 5 . We agree with

Lingold v. Transamerica Ins. Co.

416 So. 2d 1271

District Court of Appeal of Florida | Filed: Jul 21, 1982 | Docket: 1654845

Cited 7 times | Published

obligation under the main contract, therefore under section 440.10(1), Florida Statutes (1979), the floor covering

Feraci v. Grundy Marine Construction Co.

315 F. Supp. 2d 1197, 2004 U.S. Dist. LEXIS 5681, 2004 WL 895889

District Court, N.D. Florida | Filed: Mar 11, 2004 | Docket: 2249253

Cited 6 times | Published

"statutory employer" under Section 440.10(1)(b), Florida Statutes. Section 440.10(1)(b) provides that: In

Cuero v. Ryland Group, Inc.

849 So. 2d 326, 2003 WL 1024991

District Court of Appeal of Florida | Filed: Mar 12, 2003 | Docket: 1509306

Cited 6 times | Published

the injured worker's statutory employer under section 440.10(1)(b), Florida Statutes (1999), and therefore

Yero v. Miami-Dade County

838 So. 2d 686, 2003 WL 728781

District Court of Appeal of Florida | Filed: Mar 5, 2003 | Docket: 188365

Cited 6 times | Published

workers' compensation immunity pursuant to section 440.10(1)(b), Florida Statutes (1995). That section

Hernandez v. United Contractors Corp.

766 So. 2d 1249, 2000 Fla. App. LEXIS 12365, 2000 WL 1395867

District Court of Appeal of Florida | Filed: Sep 27, 2000 | Docket: 1697748

Cited 6 times | Published

the decedent's statutory employer pursuant to section 440.10(1)(b), Florida Statutes (1995). At the hearing

Miami-Dade County v. Acosta

757 So. 2d 539, 2000 WL 368632

District Court of Appeal of Florida | Filed: Apr 12, 2000 | Docket: 1698310

Cited 6 times | Published

not Appellee's statutory employer pursuant to section 440.10(1)(b), Florida Statutes. We reverse. The County

Specialty Employee Leasing v. Davis

737 So. 2d 1170, 1999 WL 454469

District Court of Appeal of Florida | Filed: Jul 7, 1999 | Docket: 1709609

Cited 6 times | Published

responsible for benefits, Hartley is, pursuant to section 440.10(1)(b), Florida Statutes (1995), because he

Aetna Commercial Ins. v. American Sign Co.

687 So. 2d 834, 1996 Fla. App. LEXIS 12839, 1996 WL 709209

District Court of Appeal of Florida | Filed: Dec 11, 1996 | Docket: 1718512

Cited 6 times | Published

judgment alleging immunity from suit pursuant to section 440.10, Florida Statutes (1993). The motion was granted

Southern Sanitation v. Debrosse

463 So. 2d 420, 10 Fla. L. Weekly 306

District Court of Appeal of Florida | Filed: Feb 4, 1985 | Docket: 448895

Cited 6 times | Published

to be a statutory employer of Debrosse under Section 440.10(1), Florida Statutes (1981). We do not agree

Hammel v. Pittman

389 So. 2d 1220

District Court of Appeal of Florida | Filed: Nov 4, 1980 | Docket: 1683024

Cited 6 times | Published

Inc. is not an employer within the meaning of Section 440.10(1), Florida Statutes (1977). The status of

Carroll v. Zurich Insurance Company

286 So. 2d 21

District Court of Appeal of Florida | Filed: Dec 4, 1973 | Docket: 1408252

Cited 6 times | Published

(1) The liability of an employer prescribed in § 440.10 shall be exclusive and in place of all other liability

Fairfax Broadcasting Co. v. Florida Airmotive, Inc.

252 So. 2d 854

District Court of Appeal of Florida | Filed: Oct 5, 1971 | Docket: 1690049

Cited 6 times | Published

specify that the employer's liability under F.S. § 440.10, F.S.A., is exclusive and in place of all other

Foulk v. Perkins

181 So. 2d 704

District Court of Appeal of Florida | Filed: Jan 12, 1966 | Docket: 1654082

Cited 6 times | Published

a "subcontractor" as those terms are used in F.S. 440.10(1), F.S.A., so as to confine the plaintiff to

Michaels v. United States Fidelity & Guaranty Co.

129 So. 2d 427

District Court of Appeal of Florida | Filed: Apr 26, 1961 | Docket: 244593

Cited 6 times | Published

and 440.11, Fla. Stat., F.S.A. It is provided in § 440.10(1): "Every employer coming within the provisions

Moradiellos v. Gerelco Traffic Controls, Inc.

176 So. 3d 329, 2015 Fla. App. LEXIS 13272, 2015 WL 5158490

District Court of Appeal of Florida | Filed: Sep 2, 2015 | Docket: 2690032

Cited 5 times | Published

conclusion is separately confirmed by reading section 440.10(e), Florida Statutes (2014), which is the specific

Vallejos v. Lan Cargo S.A.

116 So. 3d 545, 2013 WL 3015685, 2013 Fla. App. LEXIS 9626

District Court of Appeal of Florida | Filed: Jun 19, 2013 | Docket: 60232383

Cited 5 times | Published

subcontractor that shares statutory immunity under section 440.10, was grossly negligent. Fla. Stat. §§ 440.10-

Fast Tract Framing, Inc. v. Caraballo

994 So. 2d 355, 2008 WL 4190649

District Court of Appeal of Florida | Filed: Sep 15, 2008 | Docket: 1667063

Cited 5 times | Published

Tract was Claimant's statutory employer under section 440.10(1)(b), Florida Statutes, and was responsible

Hazealeferiou v. Labor Ready

947 So. 2d 599, 2007 WL 29236

District Court of Appeal of Florida | Filed: Jan 5, 2007 | Docket: 1376641

Cited 5 times | Published

to all such borrowed employees as required in § 440.10, except when such payment has been secured by

Folds v. JA Jones Const. Co.

875 So. 2d 700, 2004 WL 1207675

District Court of Appeal of Florida | Filed: Jun 3, 2004 | Docket: 1683973

Cited 5 times | Published

employer and therefore immune from liability under section 440.10(1)(b), Florida Statutes (Supp.1998), which

Gregory Hardy v. Secretary for the Department of Corrections, Michael W. Moore, Secretary

246 F.3d 1300

Court of Appeals for the Eleventh Circuit | Filed: Apr 16, 2001 | Docket: 2132881

Cited 5 times | Published

at 365 (quoting N.Y.Crim. Proc. Law § 440.10(2)(a) (McKinney 1994)). The Supreme Court disagreed

Gaines v. Orange County Public Utilities

710 So. 2d 139, 1998 WL 176674

District Court of Appeal of Florida | Filed: Apr 17, 1998 | Docket: 1731632

Cited 5 times | Published

the employee of benefits due under this chapter. § 440.10(1)(a), Fla. Stat. (Supp.1990).

Pullam v. Hercules Inc.

711 So. 2d 72, 1998 Fla. App. LEXIS 3721, 1998 WL 163715

District Court of Appeal of Florida | Filed: Apr 9, 1998 | Docket: 644817

Cited 5 times | Published

claimant's statutory employer under the terms of section 440.10(1)(b), Florida Statutes (1991). We therefore

Broward County v. Rodrigues

686 So. 2d 774, 1997 WL 20528

District Court of Appeal of Florida | Filed: Jan 22, 1997 | Docket: 1260038

Cited 5 times | Published

plaintiff's "statutory" employer pursuant to section 440.10(1)(b), Florida Statutes. We reverse. Although

Acme Oil v. Vasatka

465 So. 2d 1314, 10 Fla. L. Weekly 681

District Court of Appeal of Florida | Filed: Mar 15, 1985 | Docket: 1694935

Cited 5 times | Published

subcontractor who has secured such payment... . Section 440.10(1), Florida Statutes (1981). To be a contractor

Barrow v. Shel Products, Inc.

466 So. 2d 281, 10 Fla. L. Weekly 469

District Court of Appeal of Florida | Filed: Feb 20, 1985 | Docket: 438323

Cited 5 times | Published

employer of claimant under the provisions of section 440.10, Florida Statutes (Fla. 1981). We affirm the

Sisk v. GEN. BLDRS. CORP. OF FORT LAUDERDALE

438 So. 2d 65

District Court of Appeal of Florida | Filed: Aug 31, 1983 | Docket: 1731903

Cited 5 times | Published

employers of their subcontractor's employees. § 440.10, Fla. Stat. (1981). This statutory "employment"

Cuyahoga Wrecking Corp. v. Mastres

368 So. 2d 380

District Court of Appeal of Florida | Filed: Feb 20, 1979 | Docket: 1723144

Cited 5 times | Published

be Mastres's statutory employer and, under Section 440.10, Florida Statutes (1977), workmen's compensation

LeSuer v. LeSuer

350 So. 2d 796

District Court of Appeal of Florida | Filed: Sep 23, 1977 | Docket: 1713881

Cited 5 times | Published

of American's immunity as Allen's employer. Section 440.10, Florida Statutes (1971), required an employer

Cork v. Gable

340 So. 2d 487

District Court of Appeal of Florida | Filed: Dec 1, 1976 | Docket: 1299619

Cited 5 times | Published

obligation to Larsen Brothers. We disagree. Section 440.10(1) reads as follows: "440.10 Liability for

Fireman's Fund Insurance Company v. Rich

220 So. 2d 369

Supreme Court of Florida | Filed: Mar 19, 1969 | Docket: 1727705

Cited 5 times | Published

involved as statutory employer under Fla. Stat. § 440.10(1) (1967), F.S.A., because the direct employer

Macchione v. State

123 So. 3d 114, 2013 WL 5575560, 2013 Fla. App. LEXIS 16195

District Court of Appeal of Florida | Filed: Oct 11, 2013 | Docket: 60234864

Cited 4 times | Published

clarification; concluding that “the 2003 revision to section 440.10 occurred twenty years after the Court decided

Amorin v. Gordon

996 So. 2d 913, 2008 WL 5070342

District Court of Appeal of Florida | Filed: Dec 3, 2008 | Docket: 575476

Cited 4 times | Published

compensation immunity pursuant to Florida Statute section 440.10(1)(e) and granting Appellee Gordon's cross

Biggins v. FANTASMA PRODS., INC. OF FLORIDA

943 So. 2d 952, 2006 WL 3498592

District Court of Appeal of Florida | Filed: Dec 6, 2006 | Docket: 1526735

Cited 4 times | Published

entitled to workers' compensation immunity. Section 440.10(1)(b), Florida Statutes (1999), provides: In

Green v. APAC-Florida, Inc.

935 So. 2d 1231, 2006 WL 2347728

District Court of Appeal of Florida | Filed: Aug 11, 2006 | Docket: 1671041

Cited 4 times | Published

payment" of benefits prescribed under the statute. § 440.10(1)(a). Similarly, "[i]n case a contractor sublets

Riopelle v. DEPARTMENT OF FINANCIAL SERVS.

907 So. 2d 1220, 2005 WL 1523781

District Court of Appeal of Florida | Filed: Jun 28, 2005 | Docket: 2490331

Cited 4 times | Published

1D04-1347 under a different statute altogether section 440.10(1)(f), Florida Statutes (2001) which authorizes

Riopelle v. DEPARTMENT OF FINANCIAL SERVS.

907 So. 2d 1220, 2005 WL 1523781

District Court of Appeal of Florida | Filed: Jun 28, 2005 | Docket: 2490331

Cited 4 times | Published

1D04-1347 under a different statute altogether section 440.10(1)(f), Florida Statutes (2001) which authorizes

Fred G. Wright, Inc. v. Edwards

642 So. 2d 808, 1994 WL 502307

District Court of Appeal of Florida | Filed: Sep 16, 1994 | Docket: 2408755

Cited 4 times | Published

contractor, was a statutory employer pursuant to section 440.10 entitled to the same immunity as Suncoast Fabricators

Hogan v. Deerfield 21 Corp.

605 So. 2d 979, 1992 WL 259786

District Court of Appeal of Florida | Filed: Oct 7, 1992 | Docket: 1702303

Cited 4 times | Published

LAW The Florida Workers' Compensation Law, section 440.10 Florida Statutes (1991), states that every

Masonry v. MILLER CONST.

558 So. 2d 433, 1990 WL 10895

District Court of Appeal of Florida | Filed: Mar 21, 1990 | Docket: 1726331

Cited 4 times | Published

(knowledge of agent imputed to principal). [2] See Section 440.10(1), Florida Statutes (Supp. 1986).

Boyd-Scarp Enterprises, Inc. v. Saunders

453 So. 2d 161

District Court of Appeal of Florida | Filed: Jul 19, 1984 | Docket: 1651289

Cited 4 times | Published

of Boyd-Scarp Enterprises, Inc., pursuant to Section 440.10(1), Florida Statutes (1981), and was not an

Williams v. Pan American World Airways, Inc.

448 So. 2d 68, 1984 Fla. App. LEXIS 12687

District Court of Appeal of Florida | Filed: Apr 10, 1984 | Docket: 429296

Cited 4 times | Published

highly-buffed judicial gloss which has been placed on Section 440.10, Pan Am is not entitled to immunity for this

SOUTH SEAS PLANTATION v. Acevedo

387 So. 2d 1035, 1980 Fla. App. LEXIS 17574

District Court of Appeal of Florida | Filed: Sep 15, 1980 | Docket: 1706089

Cited 4 times | Published

compensation benefits to appellee pursuant to § 440.10(1), Florida Statutes (1977), which in pertinent

Mena v. J.I.L. Construction Group Corp.

79 So. 3d 219, 2012 WL 469838, 2012 Fla. App. LEXIS 2281

District Court of Appeal of Florida | Filed: Feb 15, 2012 | Docket: 60305267

Cited 3 times | Published

a subcontractor who has secured such payment. § 440.10(1)(b), Fla. Stat. (2004). Put differently, “where

AMERICAN ENGINEERING v. Sanchez

932 So. 2d 1241, 2006 WL 1896389

District Court of Appeal of Florida | Filed: Jul 12, 2006 | Docket: 1285413

Cited 3 times | Published

all such borrowed employees as required in section 440.10, except when such payment has been secured

Bruno v. Destiny Transp., Inc.

921 So. 2d 836, 2006 WL 508120

District Court of Appeal of Florida | Filed: Mar 3, 2006 | Docket: 1756068

Cited 3 times | Published

the facts of this case. We agree with Bruno. Section 440.10(1)(a) addresses contractors' liability for

Lluch v. American Airlines, Inc.

899 So. 2d 1146, 2005 WL 602387

District Court of Appeal of Florida | Filed: Mar 16, 2005 | Docket: 1705673

Cited 3 times | Published

was Lluch's statutory employer according to section 440.10(1)(b) and the contract between American and

Smith v. MARINER'S BAY CONDOMINIUM ASS'N, INC.

789 So. 2d 1228, 2001 Fla. App. LEXIS 10313, 2001 WL 830444

District Court of Appeal of Florida | Filed: Jul 25, 2001 | Docket: 1325949

Cited 3 times | Published

based on statutory employer immunity under section 440.10(1)(b), Florida Statutes (1999). Smith slipped

Smalley Transp. Co. v. MARKS, GRAY, ETC

649 So. 2d 257, 1994 WL 716667

District Court of Appeal of Florida | Filed: Dec 29, 1994 | Docket: 1693847

Cited 3 times | Published

contractual obligation. The relevant portion of Section 440.10, Florida Statutes, states in part: In case

Andrews v. Drywall Enterprises

569 So. 2d 821, 1990 WL 168310

District Court of Appeal of Florida | Filed: Oct 31, 1990 | Docket: 1190885

Cited 3 times | Published

claimant was not a statutory employee pursuant to section 440.10, Florida Statutes, since he was not "engaged

Perkins v. Scott

554 So. 2d 1220, 1990 WL 767

District Court of Appeal of Florida | Filed: Jan 5, 1990 | Docket: 1319160

Cited 3 times | Published

secure workers' compensation benefits under section 440.10, Florida Statutes (1985), nor is he entitled

Orama v. Dunmire

552 So. 2d 924, 1989 WL 74846

District Court of Appeal of Florida | Filed: Jul 7, 1989 | Docket: 1663690

Cited 3 times | Published

relationship did exist within the meaning of section 440.10, Florida Statutes (1987) and therefore reverse

Croon v. Quayside Associates, Ltd.

464 So. 2d 178

District Court of Appeal of Florida | Filed: Feb 5, 1985 | Docket: 1661286

Cited 3 times | Published

workers' compensation as a bar, pursuant to Section 440.10, Florida Statutes (1979); and on comparative

Radney v. Edwards

424 So. 2d 956

District Court of Appeal of Florida | Filed: Jan 10, 1983 | Docket: 1708415

Cited 3 times | Published

employees are employed by the same employer. Section 440.10(1), Florida Statutes, relating to liability

Abernathy v. Employers Ins. of Wausau

428 So. 2d 272

District Court of Appeal of Florida | Filed: Dec 10, 1982 | Docket: 1719938

Cited 3 times | Published

actions by an employee of the general contractor. Section 440.10(1), Florida Statutes (1979),[1] requires all

US Home Corp. v. Parker

404 So. 2d 170

District Court of Appeal of Florida | Filed: Sep 29, 1981 | Docket: 1783373

Cited 3 times | Published

After a hearing, the Deputy found that pursuant to § 440.10(1), Fla. Stat. (1977), U.S. Home was responsible

Dodge v. William E. Arnold Co.

373 So. 2d 98

District Court of Appeal of Florida | Filed: Jul 26, 1979 | Docket: 1772583

Cited 3 times | Published

sub-subcontractor to Arnold, which is provided for in Section 440.10 "Liability for Compensation", and Section 440

Belford Trucking Co. v. Pinson

360 So. 2d 1140

District Court of Appeal of Florida | Filed: Jul 25, 1978 | Docket: 1474305

Cited 3 times | Published

Belford under the provisions of Florida Statute § 440.10, in pertinent part as follows: "In case a contractor

Whitney v. United States

451 F. Supp. 669, 1978 U.S. Dist. LEXIS 17600

District Court, N.D. Florida | Filed: May 22, 1978 | Docket: 1466921

Cited 3 times | Published

payment of workmen's compensation, whereas under F.S. 440.10 this is not the case. In Roelofs the court summed

Florida Power & Light Co. v. Hercules Concrete Pile Co.

275 F. Supp. 427, 1967 U.S. Dist. LEXIS 9083

District Court, S.D. Florida | Filed: Nov 1, 1967 | Docket: 1021275

Cited 3 times | Published

the benefits of Workmen's Compensation under Section 440.10, Florida Statutes, F.S.A., to Rita Ahearn.

Mid-Continent Cas. Co. v. Northstar Homebuilders, Inc.

297 F. Supp. 3d 1329

District Court, S.D. Florida | Filed: Feb 26, 2018 | Docket: 64317603

Cited 2 times | Published

subcontractor in the context of Florida Statute [§] 440.10, because Northstar did not have a contractual

Felder v. King Motor Co. of South Florida

110 So. 3d 105, 2013 WL 1136334, 2013 Fla. App. LEXIS 4419

District Court of Appeal of Florida | Filed: Mar 20, 2013 | Docket: 60230109

Cited 2 times | Published

1117 (Fla.1989), which expressly states that section 440.10(l)(b), Florida Statutes, is not limited to

Ocean Reef Club, Inc. v. Wilczewski

99 So. 3d 1, 2012 Fla. App. LEXIS 4352, 2012 WL 934028

District Court of Appeal of Florida | Filed: Mar 21, 2012 | Docket: 60312871

Cited 2 times | Published

“secure the payment of compensation” required by section 440.10(l)(a) of the Law to two former employees of

Coral v. GARRARD CRANE SERVICE, INC.

62 So. 3d 1270, 2011 Fla. App. LEXIS 8988, 2011 WL 2421042

District Court of Appeal of Florida | Filed: Jun 17, 2011 | Docket: 2539393

Cited 2 times | Published

(3) Carpentry was immune from liability under section 440.10(1)(b) because Tractor was a subcontractor of

Carnegie Gardens Nursing Center v. Banyai

852 So. 2d 374, 2003 Fla. App. LEXIS 12198, 2003 WL 21946423

District Court of Appeal of Florida | Filed: Aug 15, 2003 | Docket: 1305871

Cited 2 times | Published

immune to wrongful death suit); see also *376 § 440.10(1)(b), Fla. Stat.[1] In the instant case, Banyai

American States Insurance v. Pioneer Electric Co.

85 F. Supp. 2d 1337, 2000 U.S. Dist. LEXIS 2319, 2000 WL 85039

District Court, S.D. Florida | Filed: Jan 12, 2000 | Docket: 2368024

Cited 2 times | Published

Pioneer Electric's employee under Florida Statute § 440.10(1)(b)(1). Count II is a claim for breach of contract

Sotomayor v. Huntington Broward Associates L.P., Ltd.

697 So. 2d 1006, 1997 Fla. App. LEXIS 9206, 1997 WL 460201

District Court of Appeal of Florida | Filed: Aug 13, 1997 | Docket: 64775329

Cited 2 times | Published

a subcontractor who has secured such payment. § 440.10(l)(b) (emphasis supplied). Thus, the determination

Arruda v. Gold Crest Kitchens

642 So. 2d 624, 1994 WL 496883

District Court of Appeal of Florida | Filed: Sep 14, 1994 | Docket: 549262

Cited 2 times | Published

"statutory employee" of Casto Homes, pursuant to section 440.10(1)(b), Florida Statutes (1991),[2] for the

Griggs v. Ryder

625 So. 2d 950, 1993 WL 417556

District Court of Appeal of Florida | Filed: Oct 20, 1993 | Docket: 474073

Cited 2 times | Published

dangerous situation and failed to correct it). Section 440.10(1), Florida Statutes (1987), furthermore imposes

Philyaw v. Arthur H. Fulton, Inc.

569 So. 2d 787, 1990 WL 154768

District Court of Appeal of Florida | Filed: Oct 10, 1990 | Docket: 1191030

Cited 2 times | Published

following analysis of chapter 440 demonstrates. Section 440.10(1), Florida Statutes (1987),[6] establishes

National Union Fire Ins. Co. v. Underwood

502 So. 2d 1325, 12 Fla. L. Weekly 639

District Court of Appeal of Florida | Filed: Feb 25, 1987 | Docket: 1657605

Cited 2 times | Published

was not a contractor within the meaning of section 440.10, Florida Statutes (1985), but a third party

Chase v. Tenbroeck

399 So. 2d 57

District Court of Appeal of Florida | Filed: May 26, 1981 | Docket: 1652314

Cited 2 times | Published

440.11, Florida Statutes (1975).[2] Formerly section 440.10(1) provided: In case a contractor sublets any

Williams v. Corbett Cranes, Inc.

396 So. 2d 811

District Court of Appeal of Florida | Filed: Apr 8, 1981 | Docket: 1448022

Cited 2 times | Published

deemed to be employed in one and the same business. § 440.10(1), Fla. Stat. (1973).[2] This causes both the

McDonald v. Wilson Welding Works, Inc.

370 So. 2d 863

District Court of Appeal of Florida | Filed: May 17, 1979 | Docket: 1722585

Cited 2 times | Published

from an action at law. Prior to its amendment, Section 440.10, Florida Statutes (1973), generally provided:

Eastern Elevator Company v. Hedman

290 So. 2d 56

Supreme Court of Florida | Filed: Feb 13, 1974 | Docket: 1510331

Cited 2 times | Published

bring a claim before the JIC. In this regard, F.S. § 440.10(1), F.S.A., is controlling. In pertinent part

Sedgwick CMS and The Hartford/Sedgwick CMS v. Tammitha Valcourt-Williams

271 So. 3d 1133

District Court of Appeal of Florida | Filed: Apr 5, 2019 | Docket: 14885281

Cited 1 times | Published

held that such a conclusion would implicate section 440.10(2), Florida Statutes, which provides that,

Endurance Am. Specialty Ins. Co. v. United Constr. Eng'g, Inc.

343 F. Supp. 3d 1274

District Court, S.D. Florida | Filed: Oct 25, 2018 | Docket: 64321388

Cited 1 times | Published

890-92 (Fla. 3d DCA 1997) (citing Fla. Stat. § 440.10(1)(b) ). In that scenario, the contractor becomes

Mid-Continent Casualty Co. v. Arpin & Son, LLC

261 F. Supp. 3d 1245

District Court, S.D. Florida | Filed: May 22, 2017 | Docket: 64314813

Cited 1 times | Published

Stat. § 440.10(1)(b). The Florida Supreme Court has explained that the “effect of section 440.10 is that

Mathis v. Sacred Heart Health System, Inc.

187 So. 3d 951, 2016 Fla. App. LEXIS 4551, 2016 WL 1165423

District Court of Appeal of Florida | Filed: Mar 24, 2016 | Docket: 60254157

Cited 1 times | Published

subcontracted “contract work” within the meaning of section 440.10(l)(b), Florida Statutes, we reverse and remand

Slora v. Sun 'n Fun Fly-In, Inc.

173 So. 3d 1099, 2015 Fla. App. LEXIS 12708, 2015 WL 5023000

District Court of Appeal of Florida | Filed: Aug 26, 2015 | Docket: 2687741

Cited 1 times | Published

'n Fun was not Ms. Slora’s direct employer, section 440.10(l)(b) extends immunity to a “contractor [that]

VMS, Inc. v. Alfonso

147 So. 3d 1071, 2014 Fla. App. LEXIS 14961, 2014 WL 4723565

District Court of Appeal of Florida | Filed: Sep 24, 2014 | Docket: 1330439

Cited 1 times | Published

injured. The trial court agreed; we reverse. Section 440.10(l)(a) of the Florida Statutes provides that

Tsafatinos v. Family Dollar Stores of Florida, Inc.

116 So. 3d 576, 2013 WL 3107329, 2013 Fla. App. LEXIS 9841

District Court of Appeal of Florida | Filed: Jun 21, 2013 | Docket: 60232398

Cited 1 times | Published

section 440.11. Zeiger, 16 So.3d at 913; see also § 440.10(1)(e). B. Allegations in Underlying Action Not

Pyjek v. ValleyCrest Landscape Development, Inc.

116 So. 3d 475, 2013 WL 1979461, 2013 Fla. App. LEXIS 7805

District Court of Appeal of Florida | Filed: May 15, 2013 | Docket: 60232360

Cited 1 times | Published

of Florida’s workers’ compensation statute. See § 440.10(1)(e)(2), Fla. Stat. (2007).1 We have jurisdiction

Villalta v. Cornn International, Inc.

110 So. 3d 952, 2013 WL 811802, 2013 Fla. App. LEXIS 3493

District Court of Appeal of Florida | Filed: Mar 6, 2013 | Docket: 60230527

Cited 1 times | Published

Villalta’s statutory employer pursuant to section 440.10(1), Florida Statutes, and was thus entitled

Stephens v. Mid-Continent Casualty Co.

915 F. Supp. 2d 1320, 2013 WL 85281, 2013 U.S. Dist. LEXIS 2111

District Court, S.D. Florida | Filed: Jan 7, 2013 | Docket: 65987714

Cited 1 times | Published

conceptualization stemming from the language of Section 440.10 of the Florida Workers Compensation Act. Wellington

Ross v. Charlotte County Public Schools

100 So. 3d 781, 2012 Fla. App. LEXIS 19765, 2012 WL 5477107

District Court of Appeal of Florida | Filed: Nov 13, 2012 | Docket: 60225959

Cited 1 times | Published

reasoning overlooks the express language of section 440.10(2), Florida Statutes (2011), providing that

Bryan LGH Medical Center v. Florida Beauty Flora, Inc.

36 So. 3d 795, 2010 Fla. App. LEXIS 6963, 2010 WL 1994094

District Court of Appeal of Florida | Filed: May 20, 2010 | Docket: 1639139

Cited 1 times | Published

1st DCA 1982) (interpreting 1974 amendment to section 440.10(1) as creating independent standing on behalf

State Farm Mutual Automobile Insurance Co. v. Pressley

28 So. 3d 105, 2010 Fla. App. LEXIS 125, 2010 WL 90407

District Court of Appeal of Florida | Filed: Jan 12, 2010 | Docket: 1167225

Cited 1 times | Published

for work-related motor vehicle accidents. See § 440.10(1)(a), Fla. Stat. Accordingly, Arnold and Mazorra

Zeiger Crane Rentals, Inc. v. Double a Industries, Inc.

16 So. 3d 907, 2009 Fla. App. LEXIS 10746, 2009 WL 2382320

District Court of Appeal of Florida | Filed: Aug 5, 2009 | Docket: 1125290

Cited 1 times | Published

precluded by the pleading and proof requirements in section 440.10(1)(e), Florida Statutes (2007), which is part

Central Florida Lumber Unlimited, Inc. v. Qaqish

12 So. 3d 766, 2009 Fla. App. LEXIS 3848, 2009 WL 1139241

District Court of Appeal of Florida | Filed: Apr 29, 2009 | Docket: 1647175

Cited 1 times | Published

128. Worker's Compensation Law Background Section 440.10(1)(a), Florida Statutes (1999), provides that

Adams Homes of Northwest Florida, Inc. v. Cranfill

7 So. 3d 611, 2009 Fla. App. LEXIS 2854, 2009 WL 873540

District Court of Appeal of Florida | Filed: Apr 3, 2009 | Docket: 60302812

Cited 1 times | Published

important respect. In the construction law context section 440.10(l)(a) and (b) define what has been described

Crum Services v. Lopez

975 So. 2d 1184, 2008 WL 595921

District Court of Appeal of Florida | Filed: Mar 6, 2008 | Docket: 1726923

Cited 1 times | Published

subcontractor working *1186 on its job site. See § 440.10(1)(b), Fla. Stat. (2004). However, that is not

Dunlap v. CSR Rinker Transport

978 So. 2d 817, 2008 WL 534820

District Court of Appeal of Florida | Filed: Feb 29, 2008 | Docket: 1508493

Cited 1 times | Published

Transport (Rinker) is his statutory employer under section 440.10(1)(b), Florida Statutes (2001). Although we

Batmasian v. Ballachino

755 So. 2d 157, 2000 Fla. App. LEXIS 2039, 2000 WL 232641

District Court of Appeal of Florida | Filed: Mar 1, 2000 | Docket: 64796582

Cited 1 times | Published

a statutory employer within the meaning of section 440.10(l)(b). While an individual property owner who

Orlando Sentinel v. Wong-Chow

652 So. 2d 982, 1995 Fla. App. LEXIS 3561, 1995 WL 150420

District Court of Appeal of Florida | Filed: Apr 7, 1995 | Docket: 476199

Cited 1 times | Published

appellee/claimant, Donny Wong-Chow, pursuant to section 440.10(1), Florida Statutes (1991). Appellants contend

TE JAMES CONSTRUCTION CO. v. Hartley

616 So. 2d 548, 1993 WL 88672

District Court of Appeal of Florida | Filed: Mar 30, 1993 | Docket: 258487

Cited 1 times | Published

James as the statutory employer pursuant to section 440.10(1), Florida Statutes. We conclude that there

Keller Kitchen Cabinets v. Holder

586 So. 2d 1132, 1991 WL 151971

District Court of Appeal of Florida | Filed: Oct 16, 1991 | Docket: 1742554

Cited 1 times | Published

has ever considered the precise language of section 440.10, the section that imposes liability on the

Vallina v. VICTOR FUEGO CONST. CO.

443 So. 2d 320

District Court of Appeal of Florida | Filed: Dec 28, 1983 | Docket: 1458928

Cited 1 times | Published

an "employee" of the general contractor under § 440.10, Florida Statutes.[1] However, appellant elected

Boatright v. City of Jacksonville

334 So. 2d 339, 93 L.R.R.M. (BNA) 2909, 1976 Fla. App. LEXIS 15726

District Court of Appeal of Florida | Filed: Jun 23, 1976 | Docket: 64554338

Cited 1 times | Published

16. Section 440.10(1), Florida Statutes. The liability of an employer prescribed in Section 440.10, Florida

Pyles v. Bridges

283 So. 2d 394

District Court of Appeal of Florida | Filed: Oct 3, 1973 | Docket: 1490175

Cited 1 times | Published

the liability of the employer as prescribed in § 440.10 exclusive as to third-party tortfeasors. See,

Hunt v. Ryder Truck Rentals, Inc.

216 So. 2d 751, 1968 Fla. LEXIS 2045

Supreme Court of Florida | Filed: Dec 10, 1968 | Docket: 420602

Cited 1 times | Published

Ryder was whether the immunity of a lessee under F.S. 440.10 and 440.11, F.S.A. extends to the lessor. The

Williams v. Duggan

140 So. 2d 69, 1962 Fla. App. LEXIS 3547

District Court of Appeal of Florida | Filed: Mar 27, 1962 | Docket: 60204407

Cited 1 times | Published

liability. The liability of an employer prescribed in § 440.10 shall be exclusive and in place of all other liability

Stone v. Buckley

132 So. 2d 613

District Court of Appeal of Florida | Filed: Sep 13, 1961 | Docket: 60198226

Cited 1 times | Published

Statutes.” Applicable to the present appeal is section 440.10(1), Florida statutes, F.S.A., which specifically

Daniel Murphy v. Polk County Board of County Commissioners, and Commercial Risk Management

District Court of Appeal of Florida | Filed: Sep 3, 2025 | Docket: 71258187

Published

reasonable cost to the employer.” (emphasis supplied)); § 440.10(1)(a), Fla. Stat. (making employers liable for

Eli Wolf v. Exylena Williams

District Court of Appeal of Florida | Filed: Nov 25, 2024 | Docket: 69409496

Published

legislation expressly provided that the revisions to section 440.10 were to become effective on January 1, 2004

STATE OF FLORIDA v. ANDREW SCOTT CROSE

District Court of Appeal of Florida | Filed: Jan 26, 2024 | Docket: 68195892

Published

apply rule since "the 2003 revision to section 440.10 occurred twenty years after the Court decided

FERNANDO GALUE v. CLOPAY CORPORATION

District Court of Appeal of Florida | Filed: Aug 30, 2023 | Docket: 67743704

Published

Clopay was Galue’s statutory employer under section 440.10(1)(b), Florida Statutes (2022), and therefore

BAL HARBOUR TOWER CONDOMINIUM ASSOCIATION, INC. v. MARTIN BELLORIN

District Court of Appeal of Florida | Filed: Oct 19, 2022 | Docket: 65588649

Published

association was Bellorin’s statutory employer under section 440.10(1)(b), Florida Statutes (2021). The association

ELECTRIC BOAT CORPORATION vs SYLVIA FALLEN

District Court of Appeal of Florida | Filed: Jun 17, 2022 | Docket: 60858281

Published

workers’ compensation immunity pursuant to section 440.10, Florida Statutes (2014). We have jurisdiction1

LEONIREZ HEREDIA v. JOHN BEACH & ASSOCIATES, INC. AND MICHAEL MELENDES GROSS

District Court of Appeal of Florida | Filed: Jul 24, 2019 | Docket: 15960207

Published

subsection of the Workers Compensation Law, section 440.10(b), only creates horizontal privity when "a

Sedgwick CMS and The Hartford/Sedgwick CMS v. Tammitha Valcourt-Williams

District Court of Appeal of Florida | Filed: Apr 5, 2019 | Docket: 14900239

Published

held that such a conclusion would implicate section 440.10(2), Florida Statutes, which provides that,

Normandy Insurance Company v. Jose Sorto, Jimerico Construction, Inc., and Amerisure Insurance Company

District Court of Appeal of Florida | Filed: Oct 31, 2018 | Docket: 8109474

Published

workers’ compensation coverage for the injury. See § 440.10(1)(b), Fla. Stat. (2016). Jimerico’s insurer,

Charles Gladden v. Fisher Thomas, Inc., The Green etc.

District Court of Appeal of Florida | Filed: Nov 19, 2017 | Docket: 6226569

Published

same immunity. VMS, Inc., 147 So. 3d at 1074-75; § 440.10(1)(e), Fla. Stat. (2008). The issue, as

Wood v. Clean Fuels of Indiana, Inc.

214 F. Supp. 3d 1265, 2016 WL 5791240, 2016 U.S. Dist. LEXIS 137550

District Court, M.D. Florida | Filed: Oct 4, 2016 | Docket: 64310852

Published

69L-6.019(6)(a)-(c) (2012); see also Fla. Stat. § 440.10(l)(g)(l). The parties do not dispute that Clean

Wert v. Camacho

200 So. 3d 787, 2016 Fla. App. LEXIS 13276, 2016 WL 4607535

District Court of Appeal of Florida | Filed: Sep 2, 2016 | Docket: 4418854

Published

entitled to subcontractor statutory immunity under section 440.10(l)(e), which they also referred to as horizontal

Wert v. Camacho

200 So. 3d 787, 2016 Fla. App. LEXIS 13276, 2016 WL 4607535

District Court of Appeal of Florida | Filed: Sep 2, 2016 | Docket: 4418854

Published

entitled to subcontractor statutory immunity under section 440.10(l)(e), which they also referred to as horizontal

Wert v. Camacho

District Court of Appeal of Florida | Filed: Mar 30, 2016 | Docket: 3049194

Published

entitled to subcontractor statutory immunity under section 440.10(1)(e), which they also referred to as horizontal

Lache v. Bal Harbour Hotel, LLC

104 F. Supp. 3d 1379, 2015 U.S. Dist. LEXIS 61756, 2015 WL 2381337

District Court, S.D. Florida | Filed: May 12, 2015 | Docket: 64302011

Published

those who have secured compensation. Fla. Stat. § 440.10(l)(b). In other words, a contractor is responsible

Wilson Ciceron and Rosie Ciceron v. Sunbelt Rentals, Inc.

163 So. 3d 609, 2015 Fla. App. LEXIS 5499, 40 Fla. L. Weekly Fed. D 897

District Court of Appeal of Florida | Filed: Apr 15, 2015 | Docket: 2679391

Published

entitled to horizontal immunity pursuant to section 440.10(1)(e), Florida Statutes (2010). We agree and

Pamela Mitchell v. Osceola County School Board

159 So. 3d 334, 2015 Fla. App. LEXIS 3367, 2015 WL 1018551

District Court of Appeal of Florida | Filed: Mar 10, 2015 | Docket: 2640751

Published

concluding OCSB was not a statutory employer under section 440.10(l)(b), Florida Statutes (2011), we reverse

Roof Painting by Hartzell Inc v. Andres Hernandez, Color Construction, Inc.

158 So. 3d 709

District Court of Appeal of Florida | Filed: Feb 15, 2015 | Docket: 2634479

Published

services for both Hartzell and Colors. Section 440.10(l)(b), Florida Statutes (2012), provides that

Pena v. Design-Build Interamerican, Inc.

132 So. 3d 1179, 2014 Fla. App. LEXIS 603, 2014 WL 228681

District Court of Appeal of Florida | Filed: Jan 22, 2014 | Docket: 60238332

Published

Power Corp., 72 So.2d 285, 287 (Fla.1954)). Section 440.10(l)(a), Florida Statutes (2008) provides: Every

Wood v. Southern Crane Service, Inc.

117 So. 3d 65, 2013 WL 2996166, 2013 Fla. App. LEXIS 9513

District Court of Appeal of Florida | Filed: Jun 18, 2013 | Docket: 60232752

Published

employed by the same employer.” (Emphasis added). Section 440.10(1)(a), Florida Statutes (2007), again holds

Villalta v. Cornn International, Inc.

109 So. 3d 278, 2013 WL 811797, 2013 Fla. App. LEXIS 3497

District Court of Appeal of Florida | Filed: Mar 6, 2013 | Docket: 60229541

Published

provided in the Workers’ Compensation Law at section 440.10, Florida Statutes. However, the allegations

Amerisure Insurance v. Orange & Blue Construction, Inc.

913 F. Supp. 2d 1363, 2012 WL 6652936, 2012 U.S. Dist. LEXIS 180990

District Court, S.D. Florida | Filed: Dec 21, 2012 | Docket: 65987483

Published

undisputed facts demonstrate that, pursuant to Section 440.10(l)(b) of the Florida Worker’s Compensation

Gomez Lawn Service, Inc. v. The Hartford

98 So. 3d 212, 2012 WL 4465233, 2012 Fla. App. LEXIS 16460

District Court of Appeal of Florida | Filed: Sep 28, 2012 | Docket: 60312234

Published

workers’ compensation benefits to its employees. See § 440.10(l)(a), Fla. Stat. (2010) (“Every employer coming

Lovering v. Nickerson

72 So. 3d 780, 2011 Fla. App. LEXIS 13419, 2011 WL 3754660

District Court of Appeal of Florida | Filed: Aug 26, 2011 | Docket: 60303304

Published

circumstances. As relevant to the instant appeal, section 440.10 of the Florida Statutes requires a contractor

Hunt v. Corrections Corp. of America

38 So. 3d 173, 2010 Fla. App. LEXIS 6661, 2010 WL 1930125

District Court of Appeal of Florida | Filed: May 14, 2010 | Docket: 1659002

Published

in the course and the scope of employment." Section 440.10 sets forth the employer's liability for compensation

C.W. Roberts Contracting, Inc. v. Cuchens

10 So. 3d 667, 2009 Fla. App. LEXIS 6616, 2009 WL 1035087

District Court of Appeal of Florida | Filed: Apr 20, 2009 | Docket: 1131395

Published

which was based on a claim of immunity under section 440.10, Florida Statutes. We have jurisdiction under

Blue Stone Real Estate v. Ward

962 So. 2d 945, 2007 WL 2066144

District Court of Appeal of Florida | Filed: Jul 20, 2007 | Docket: 1519092

Published

an employee of Blue Stone, by operation of section 440.10(1)(b), Florida Statutes (2004), and entitled

Bogdan v. Department of Financial Services, Division of Workers' Compensation

975 So. 2d 461, 2007 Fla. App. LEXIS 6951, 2007 WL 1266063

District Court of Appeal of Florida | Filed: May 2, 2007 | Docket: 64853950

Published

obtain workers’ compensation coverage under section 440.10(l)(a), Florida Statutes (2005). Bogdan argues

Williams v. Duesing

940 So. 2d 603, 2006 WL 3077618

District Court of Appeal of Florida | Filed: Nov 1, 2006 | Docket: 2563940

Published

the trial court erred in its application of section 440.10, Florida Statutes, to the instant case because

Sanchez v. Ransom Everglades School, Inc.

913 So. 2d 1242, 2005 Fla. App. LEXIS 17591, 2005 WL 2993852

District Court of Appeal of Florida | Filed: Nov 9, 2005 | Docket: 64840831

Published

Compensation immunity for security guard services. See § 440.10(l)(b), Fla. Stat. (2003); Smith v. Mariner’s Bay

Collins v. Escambia Roof Master

908 So. 2d 1149, 2005 Fla. App. LEXIS 12762, 2005 WL 1991857

District Court of Appeal of Florida | Filed: Aug 19, 2005 | Docket: 64840040

Published

v. Gentry, 898 So.2d 263 (Fla. 1st DCA 2005); § 440.10(1), Fla. Stat. (2002). Therefore, the JCC’s ruling

Latite Roofing & Sheet Metal Co. v. Barker

886 So. 2d 1064, 2004 Fla. App. LEXIS 17353, 2004 WL 2600508

District Court of Appeal of Florida | Filed: Nov 17, 2004 | Docket: 64834209

Published

of all other liability to the employee.... ” Section 440.10(l)(b), Florida Statutes (2002), sets out the

Duran v. Hotelerama Associates, Ltd.

892 So. 2d 505, 2004 Fla. App. LEXIS 17338, 2004 WL 2600540

District Court of Appeal of Florida | Filed: Nov 17, 2004 | Docket: 64835739

Published

hotel immune from civil liability. We reverse. Section 440.10(l)(b), Florida Statutes (1999), provides: In

McCollough v. Bush

868 So. 2d 1271, 2004 Fla. App. LEXIS 3871, 2004 WL 587689

District Court of Appeal of Florida | Filed: Mar 26, 2004 | Docket: 64829083

Published

we conclude that this case is controlled by section 440.10(l)(b), Florida Statutes (2002), and it is clear

Sanchez v. Marseilles Hotel

792 So. 2d 1287, 2001 Fla. App. LEXIS 12828, 2001 WL 1035953

District Court of Appeal of Florida | Filed: Sep 11, 2001 | Docket: 64807915

Published

Marseilles Hotel was his “statutory employer.” See § 440.10(l)(b), Fla. Stat. (1995). Mr. Sanchez worked for

Gregory Hardy v. Sec. for the Dept. of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Apr 4, 2001 | Docket: 212636

Published

121 S. Ct. at 365 (quoting N.Y. Crim. Proc. Law § 440.10(2)(a) (McKinney 1994)). The Supreme Court disagreed

Gregory Hardy v. Sec. for the Dept. of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Apr 4, 2001 | Docket: 212637

Published

121 S.Ct. at 365 (quoting N.Y.Crim. Proc. Law § 440.10(2)(a) (McKinney 1994)). The Supreme Court disagreed

Gilbert v. Waldron

773 So. 2d 111, 2000 Fla. App. LEXIS 16348, 2000 WL 1838091

District Court of Appeal of Florida | Filed: Dec 15, 2000 | Docket: 64802296

Published

workers’ compensation insurance for Clark. See § 440.10(l)(a), Fla. Stat. (1999). We reverse the summary

Castro v. Morse Operations, Inc.

757 So. 2d 1271, 2000 Fla. App. LEXIS 6225, 2000 WL 668903

District Court of Appeal of Florida | Filed: May 24, 2000 | Docket: 64797307

Published

*1272not qualify as a statutory employer under section 440.10(l)(b), Florida Statutes. Even assuming, however

Mira Group, Inc. v. Duran

748 So. 2d 339, 1999 Fla. App. LEXIS 16562, 1999 WL 1111770

District Court of Appeal of Florida | Filed: Dec 8, 1999 | Docket: 64793810

Published

was Duran’s “statutory employer”-pursuant to section 440.10(l)(b), Florida Statutes (1995) and therefore

Deen v. Quantum Resources, Inc.

750 So. 2d 616, 24 Fla. L. Weekly Supp. 489, 1999 Fla. LEXIS 1818, 1999 WL 965679

Supreme Court of Florida | Filed: Oct 21, 1999 | Docket: 64794710

Published

workers’ compensation benefits to him under section 440.10(l)(a), Florida Statutes (1991), and thus that

Contractor's Management Services, Inc. v. Dixon

734 So. 2d 435, 1999 Fla. App. LEXIS 5458, 1999 WL 247143

District Court of Appeal of Florida | Filed: Apr 28, 1999 | Docket: 64788578

Published

produce a copy *437of Dixon’s exemption under section 440.10(1)(c), Florida Statutes (1997).1 This appeal

Smith v. Larry Rice Construction

730 So. 2d 336, 1999 Fla. App. LEXIS 2575, 1999 WL 122891

District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 64787501

Published

a so-called statutory employer arises under section 440.10(l)(b), Florida Statutes (1995), which provides:

Northern Insurance Co. of New York v. David Nelson Construction Co.

41 F. Supp. 2d 1332, 1999 U.S. Dist. LEXIS 2587, 1999 WL 118442

District Court, M.D. Florida | Filed: Mar 1, 1999 | Docket: 2283933

Published

(Docket No. 1, Paragraph 13). 5. Pursuant to Section 440.10(1), Florida Statutes (1997), Nelson is the

Deen v. Quantum Resources, Inc.

713 So. 2d 1075, 1998 Fla. App. LEXIS 8166, 1998 WL 380516

District Court of Appeal of Florida | Filed: Jul 10, 1998 | Docket: 64781767

Published

compensation benefits to its employees is found in section 440.10(l)(a), Florida Statutes (1991), which provides

Linton v. Gulf County

713 So. 2d 1059, 1998 Fla. App. LEXIS 7880, 1998 WL 347617

District Court of Appeal of Florida | Filed: Jul 1, 1998 | Docket: 64781756

Published

“statutory employer,” as that term is defined in section 440.10(l)(b), Florida Statutes (Supp.1994); or because

PAYROLL TRANSFERS INTERSTATE v. Forshey

694 So. 2d 80, 1997 Fla. App. LEXIS 4004, 1997 WL 185606

District Court of Appeal of Florida | Filed: Apr 18, 1997 | Docket: 1450662

Published

payment of the benefits due under chapter 440. See § 440.10(1)(a), Fla.Stat. (1991). See also Jimmy Lang's

Proctor & Gamble Cellulose Co. v. Mann

667 So. 2d 338, 1995 WL 619885

District Court of Appeal of Florida | Filed: Oct 24, 1995 | Docket: 454562

Published

judgment, the trial judge noted that under section 440.10, Florida Statutes (1991), every "employer,"

Grice v. Escambia County Sheriff's Department

658 So. 2d 1208, 1995 Fla. App. LEXIS 8557, 1995 WL 478263

District Court of Appeal of Florida | Filed: Aug 15, 1995 | Docket: 64758166

Published

synthesize the interplay between § 440.21 and § 440.10(15) [F.S.]...." Section 440.20(15), which incorporates

Raulerson v. Sentinel

655 So. 2d 1237, 1995 Fla. App. LEXIS 5643, 1995 WL 313903

District Court of Appeal of Florida | Filed: May 25, 1995 | Docket: 64756682

Published

statutory employee of the Orlando Sentinel under section 440.10, Florida Statutes (1993). However, we find

Candyworld, Inc. v. Granite State Insurance Co.

652 So. 2d 1165, 1995 Fla. App. LEXIS 2261, 1995 WL 92604

District Court of Appeal of Florida | Filed: Mar 8, 1995 | Docket: 64755301

Published

employer of the subcontractor’s employees. See § 440.10(1), Fla. Stat. (1993); Motchkavitz v. L. C. Boggs

Dent v. Florida Power & Light Co.

633 So. 2d 1132, 1994 Fla. App. LEXIS 2290, 1994 WL 81813

District Court of Appeal of Florida | Filed: Mar 16, 1994 | Docket: 64747024

Published

from having a contractual obligation under section 440.10. Woods v. Carpet Restorations, Inc., 611 So

Liberty Mutual Insurance Co. v. Scalise

627 So. 2d 87, 1993 Fla. App. LEXIS 11673, 1993 WL 477630

District Court of Appeal of Florida | Filed: Nov 22, 1993 | Docket: 64744269

Published

contractor will be protected from the application of Section 440.10, Florida Statutes, which would otherwise make

City of Orlando v. Brown

626 So. 2d 1102, 1993 Fla. App. LEXIS 11672, 1993 WL 477626

District Court of Appeal of Florida | Filed: Nov 22, 1993 | Docket: 64744097

Published

part of the principal contract has been sublet. § 440.10(1), Fla.Stat. (1991). It is absolutely basic,

Curtis-Hale, Inc. v. Geltz

610 So. 2d 558, 1992 Fla. App. LEXIS 12336, 1992 WL 355437

District Court of Appeal of Florida | Filed: Dec 4, 1992 | Docket: 64692810

Published

to Claimant, their statutory employee. See section 440.10(1), Florida Statutes (1987); Atlantic Masonry

Penton v. Pompano Construction Co.

976 F.2d 636, 24 Fed. R. Serv. 3d 149, 1992 WL 289367

Court of Appeals for the Eleventh Circuit | Filed: Nov 2, 1992 | Docket: 66278126

Published

Fla.Stat. §§ 440.01-440.60 (1987). Fla.Stat. § 440.10(1) provides in pertinent part: (1) Every employer

Davis v. Irwin Appraisal & Consulting Services

585 So. 2d 348, 1991 Fla. App. LEXIS 7327, 1991 WL 140869

District Court of Appeal of Florida | Filed: Aug 1, 1991 | Docket: 64661332

Published

REMANDED. COWART and HARRIS, JJ., concur. . Section 440.10, Fla.Stat. (1985); Employers Insurance of Wausau

Crocker Construction Co. v. Hornsby

562 So. 2d 842, 1990 Fla. App. LEXIS 4261, 15 Fla. L. Weekly Fed. D 1574

District Court of Appeal of Florida | Filed: Jun 13, 1990 | Docket: 64651054

Published

provision of the workers’ compensation law, section 440.10, Florida Statutes (1985), an owner-builder

Bedsole v. Hancock-Hazlett Construction

559 So. 2d 639, 1990 Fla. App. LEXIS 1351, 1990 WL 19943

District Court of Appeal of Florida | Filed: Mar 5, 1990 | Docket: 64649605

Published

appellee nor a “statutory employee” pursuant to section 440.10(1), Florida Statutes (1985). We affirm the

Dempsey v. G & E Construction Co.

556 So. 2d 426, 1989 Fla. App. LEXIS 6966, 1989 WL 149584

District Court of Appeal of Florida | Filed: Dec 13, 1989 | Docket: 64647971

Published

filed suit against G & E for its negligence. Section 440.10(1), Florida Statutes (1987), provides: In case

Swartout v. Lewis & Associates Development Corp.

548 So. 2d 804, 14 Fla. L. Weekly 2089, 1989 Fla. App. LEXIS 5055, 1989 WL 103998

District Court of Appeal of Florida | Filed: Sep 6, 1989 | Docket: 64644823

Published

of Lewis & Associates, the contractor, under Section 440.10(1), Florida Statutes (Supp.1986).1 We reverse

Eighty Four Lumber v. Bethel

544 So. 2d 1094, 14 Fla. L. Weekly 1393, 1989 Fla. App. LEXIS 3274, 1989 WL 61531

District Court of Appeal of Florida | Filed: Jun 9, 1989 | Docket: 64643140

Published

claimant was a statutory employee pursuant to section 440.-10(1), F.S. Accordingly, the DC’s order finding

Seals v. United States

714 F. Supp. 1194, 1989 U.S. Dist. LEXIS 6747, 1989 WL 65060

District Court, S.D. Florida | Filed: Jun 7, 1989 | Docket: 66179209

Published

benefits for all their employees. Fla.Stat. Ann. § 440.10 (West 1981). The Florida Worker’s Compensation

Yukon v. Granada Construction of Florida

538 So. 2d 531, 14 Fla. L. Weekly 499, 1989 Fla. App. LEXIS 765, 1989 WL 11952

District Court of Appeal of Florida | Filed: Feb 15, 1989 | Docket: 64640391

Published

site to the decedent’s employer. Since, under section 440.10(1), Florida Statutes (1985), a general contractor

Garcia v. Biltmore Court Villas, Inc.

534 So. 2d 1173, 13 Fla. L. Weekly 2319, 1988 Fla. App. LEXIS 4521, 1988 WL 103853

District Court of Appeal of Florida | Filed: Oct 11, 1988 | Docket: 64639055

Published

"statutory employer” of subcontractor employees under § 440.10(1), Fla.Stat., with the attendant duty to provide

Garcia v. Public Health Trust

841 F.2d 1062

Court of Appeals for the Eleventh Circuit | Filed: Apr 4, 1988 | Docket: 66233127

Published

tortfeasor and to the employee. See Fla.Stat.Ann. § 440.10-11 (West 1981); Seaboard Coastline Railroad Co

Platzek v. Rock-A-Way, Inc.

512 So. 2d 233, 12 Fla. L. Weekly 1971, 1987 Fla. App. LEXIS 9773

District Court of Appeal of Florida | Filed: Aug 12, 1987 | Docket: 64629253

Published

is empowered to make an independent claim by section 440.10(1), Florida Statutes. See Rubich v. Burdines

Wooden v. Ploof Truck Lines, Inc.

482 So. 2d 611, 11 Fla. L. Weekly 406, 1986 Fla. App. LEXIS 6357

District Court of Appeal of Florida | Filed: Feb 13, 1986 | Docket: 64617176

Published

consideration by the deputy as to the applicability of § 440.10, Florida Statutes (1980). In Barrow v. Shell Products

Dump All, Inc. v. Grossman

475 So. 2d 976, 10 Fla. L. Weekly 2149, 1985 Fla. App. LEXIS 15855

District Court of Appeal of Florida | Filed: Sep 17, 1985 | Docket: 64614323

Published

SHIVERS and BARFIELD, JJ., concur. . See, Section 440.10(1), Florida Statutes (1981), which provides

Natural Landscaping, Inc. v. Snyder

466 So. 2d 1184, 10 Fla. L. Weekly 838, 1985 Fla. App. LEXIS 13229

District Court of Appeal of Florida | Filed: Apr 2, 1985 | Docket: 64611168

Published

a statutory employer within the meaning of Section 440.10, Florida Statutes, and (2) the claimant’s business

Moucha v. Burger King Corp.

450 So. 2d 335, 1984 Fla. App. LEXIS 13403

District Court of Appeal of Florida | Filed: May 24, 1984 | Docket: 64604876

Published

provides that an employers’ liability under Section 440.10, Florida Statutes (1979) is exclusive. Defendant

Hume v. Thomason

440 So. 2d 441, 1983 Fla. App. LEXIS 22721

District Court of Appeal of Florida | Filed: Oct 21, 1983 | Docket: 64600577

Published

her work related injury, regardless of fault. Section 440.10, Florida Statutes (1981); Matthews v. G.S.P

Sisk v. General Builders Corp. of Fort Lauderdale

438 So. 2d 65, 1983 Fla. App. LEXIS 24292

District Court of Appeal of Florida | Filed: Aug 31, 1983 | Docket: 64599737

Published

employers of their subcontractor’s employees. § 440.10, Fla.Stat. (1981). This statutory “employment”

Theisen v. Simmons

419 So. 2d 662, 1982 Fla. App. LEXIS 20779

District Court of Appeal of Florida | Filed: Aug 4, 1982 | Docket: 64592143

Published

of Florida) which added the last sentence to section 440.10(1), Florida Statutes, as follows: A subcontractor

Bryant v. Refrigerated Transport Co.

418 So. 2d 281, 1982 Fla. App. LEXIS 20443

District Court of Appeal of Florida | Filed: Jul 2, 1982 | Docket: 64591753

Published

employer of Mr. Bryant, within the meaning of section 440.10, since the clear implication of that section

De Armas v. P. J. Constructors, Inc.

402 So. 2d 39, 1981 Fla. App. LEXIS 20797

District Court of Appeal of Florida | Filed: Aug 4, 1981 | Docket: 64584537

Published

contractor? We hold that under these circumstances section 440.10(1) provides no immunity for the subcontractor

Powell v. Independent Construction Co.

396 So. 2d 725, 1981 Fla. App. LEXIS 18917

District Court of Appeal of Florida | Filed: Mar 11, 1981 | Docket: 64581549

Published

Independent was a contractor within the meaning of section 440.10, Florida Statutes (1973),1 and thus the statutory

Motchkavitz v. L. C. Boggs Industries, Inc.

384 So. 2d 259, 1980 Fla. App. LEXIS 16336

District Court of Appeal of Florida | Filed: Jun 4, 1980 | Docket: 64576467

Published

(1) The liability of an employer prescribed in § 440.10 shall be exclusive and in place of all other liability

Hernandez v. Delgado

358 So. 2d 68, 1978 Fla. App. LEXIS 15808

District Court of Appeal of Florida | Filed: Apr 18, 1978 | Docket: 64564230

Published

apparently entered under the provisions of Section 440.10, Florida Statutes (1975), although the defense

Dodge v. William E. Arnold Co.

343 So. 2d 1359, 1977 Fla. App. LEXIS 15584

District Court of Appeal of Florida | Filed: Apr 6, 1977 | Docket: 64557867

Published

affords no immunity. The immunity afforded under Section 440.10 arises from the liability of an employer to

Womble v. Raber

334 So. 2d 827, 1976 Fla. App. LEXIS 13833

District Court of Appeal of Florida | Filed: Jul 9, 1976 | Docket: 64554456

Published

contractors and subcontractors under Fla.Stat. § 440.10 (1973) to secure the payment of workmen’s compensation

Martel v. Gibeaut, Inc.

330 So. 2d 493

District Court of Appeal of Florida | Filed: Apr 15, 1976 | Docket: 1798104

Published

the propriety of a retrospective application of § 440.10(1) F.S. 1974, in a suit commenced October 2, *494

Rhines v. Ploof Transfer Company, Inc.

313 So. 2d 791, 1975 Fla. App. LEXIS 13775

District Court of Appeal of Florida | Filed: May 20, 1975 | Docket: 1509596

Published

that the liability of an employer "prescribed in § 440.10 shall be exclusive and in place of all other liability

Kolarik v. Rodgers Bros. Service, Inc.

268 So. 2d 187, 1972 Fla. App. LEXIS 5968

District Court of Appeal of Florida | Filed: Nov 1, 1972 | Docket: 64528300

Published

the common employment doctrine embodied in F.S. § 440.10 F.S.A., and found no ground for departure from

Gulf American Fire & Casualty Co. v. Singleton

265 So. 2d 720, 1972 Fla. App. LEXIS 6454

District Court of Appeal of Florida | Filed: May 17, 1972 | Docket: 64527294

Published

Leasing Company. The question is whether Fla.Stat. § 440.-10(1) (1969) 1 F.S.A., makes workmen’s *721compensation

Yaeger v. Lora Realty, Inc.

245 So. 2d 890, 1971 Fla. App. LEXIS 6952

District Court of Appeal of Florida | Filed: Mar 23, 1971 | Docket: 64519560

Published

received workman’s compensation payments, see F.S. § 440.10 and 440.11, F.S.A. There was a genuine issue of

Florida Gas Co. v. Spaulding

243 So. 2d 129, 1970 Fla. LEXIS 2238

Supreme Court of Florida | Filed: Dec 16, 1970 | Docket: 64518375

Published

liability — The liability of an employer prescribed in § 440.10 shall be exclusive and in place of all other liability

Florida Gas Co. v. Spaulding

226 So. 2d 115, 1969 Fla. App. LEXIS 5230

District Court of Appeal of Florida | Filed: Aug 28, 1969 | Docket: 64511223

Published

— The liability of an employer prescribed in § 440.10 shall be exclusive and in place of all other liability

International Builders of Florida, Inc. v. Stevens

217 So. 2d 101, 1968 Fla. LEXIS 1981

Supreme Court of Florida | Filed: Dec 12, 1968 | Docket: 64507778

Published

. ‘The liability of an employer prescribed in § 440.10 shall be exclusive and in place of all other liability

Campbell v. Wiley

213 So. 2d 512, 1968 Fla. App. LEXIS 5162

District Court of Appeal of Florida | Filed: Aug 20, 1968 | Docket: 64506520

Published

— The liability of an employer prescribed in § 440.10 shall be exclusive and in place of all other liability

Stevens v. International Builders of Florida, Inc.

207 So. 2d 287, 1968 Fla. App. LEXIS 5896

District Court of Appeal of Florida | Filed: Feb 20, 1968 | Docket: 64504101

Published

Liability. “The liability of an employer prescribed in § 440.10 shall be exclusive and in place of all other liability

Hunt v. Ryder Truck Rentals, Inc.

201 So. 2d 241, 1967 Fla. App. LEXIS 4582

District Court of Appeal of Florida | Filed: Jul 18, 1967 | Docket: 64501736

Published

matter of law. We think that the construction of § 440.10, Fla.Stat., F.S.A. set forth in Smith v. Ryder

Tri-City Electric Co. v. Barrs

201 So. 2d 265, 1967 Fla. App. LEXIS 4603

District Court of Appeal of Florida | Filed: Jul 11, 1967 | Docket: 64501753

Published

and cases cited therein. Affirmed. . See Fla.Stat. 440.10, 440.11, 440.39, F.S.A.; Miami Roofing & Sheet

Holley v. Wimpy

192 So. 2d 508, 1966 Fla. App. LEXIS 4652

District Court of Appeal of Florida | Filed: Dec 7, 1966 | Docket: 64498951

Published

440.39, but rather came within the provisions of § 440.10(1), Fla. Stats., F.S.A., which provides that every

Vargo v. Carter

188 So. 2d 402, 1966 Fla. App. LEXIS 5104

District Court of Appeal of Florida | Filed: Jun 29, 1966 | Docket: 64497367

Published

pit several miles away to the jobsite. F.S.A. § 440.10(1) provides that every employee of a contractor

Cuyler v. Elliott

182 So. 2d 55, 1965 Fla. App. LEXIS 3663

District Court of Appeal of Florida | Filed: Dec 27, 1965 | Docket: 64495256

Published

* ‘The liability of an employer prescribed in § 440.10 shall be exclusive and in place of all other liability

Gross v. Rudy's Stone Co.

179 So. 2d 603, 1965 Fla. App. LEXIS 3796

District Court of Appeal of Florida | Filed: Oct 22, 1965 | Docket: 64494557

Published

follows: “The liability of an employer prescribed in § 440.10 shall be exclusive and in place of all other liability

Edwards v. Ritchie

173 So. 2d 497, 1965 Fla. App. LEXIS 4468

District Court of Appeal of Florida | Filed: Mar 17, 1965 | Docket: 64492620

Published

Grinnell’s employees) within the meaning of Section 440.10 quoted supra, since the clear implication in

Slack v. Acousti Engineering Co. of Florida

122 So. 2d 574

District Court of Appeal of Florida | Filed: Aug 24, 1960 | Docket: 60195467

Published

subcontractor’s subcontractor. In this case we said: “Section 440.10(1), Florida Statutes, 1957, F.S.A., provides:

Arthur J. Collins & Son, Inc. v. Knight

117 So. 2d 740

District Court of Appeal of Florida | Filed: Jan 22, 1960 | Docket: 60194228

Published

upon the insured intervening subcontractor.” Section 440.10(1), Florida Statutes, 1957, F.S.A., provides:

Parker v. Hill

72 So. 2d 820, 1954 Fla. LEXIS 1463

Supreme Court of Florida | Filed: Apr 27, 1954 | Docket: 64485579

Published

the payments of the compensation provided in Section 440.10 Every employer is required to secure the payment

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 440 in the context of workers' compensation claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.