Florida/Georgia Personal Injury & Workers Compensation

...fy such claim as a "covered claim" emanating from a form of direct insurance within the scope of the Florida Insurance Guaranty Association Act (Part II of Chapter 631, Florida Statutes). Appellant, Zinke-Smith, a self-insured employer as defined in Section 440.38(1)(b), F.S., brought this action against Florida Insurance Guaranty Association, Inc....

...Furthermore, the insolvency of a reinsurer could not be the basis of a "covered claim" on behalf of an insurer-reinsured since a claim against a reinsurer would necessarily involve "an amount due an insurer". The decisive issue here, then, is whether Zinke-Smith, having elected to become a "self-insurer" (as defined in Section 440.38, F.S.) was thereby an "insurer" within the meaning of Section 631.54(4), F.S., so that the policy of insurance with Home Owners was simply a form of reinsurance rather than merely one of excess liability....

...On the contrary, the allegations show it to be simply an employer liable for compensation to its employees under the provisions of the Workmen's Compensation law, [1] who had elected to secure the payment of such compensation in part by complying with Section 440.38(1)(b), F.S., and in part (where the compensation benefits exceeded certain amounts) by complying with Section 440.38(1)(a), F.S. Merely because an employer who secures compensation in accordance with Section 440.38(1)(b), F.S....

...SMITH, Jr., Judge. This is a consolidated appeal from a summary final judgment, a non-final order denying leave to file a second amended complaint, and an order taxing costs. We affirm on all points. The appellant, International Patrol, is an employer required by § 440.38, Florida Statutes (1977), to maintain workers' compensation insurance....

...Thereupon appeal was perfected to this Court. The appellant contends that the employee did not sustain injury by accident arising out of and in the course of his employment. *359 We may say here that if the injury Was compensable by the employer, the liability attaches to the carrier. Section 440.38 Fla. Statutes 1941 (same F.S.A.), inter alia, provides: “440.38....

...Both petitions alleged that the petitioners would be affected by the rules "in that the proposed rules will create an increased cost for non-refundable bond premiums and will have the potential impact of depriving the self-insurors and self-insuror funds of the right to operate as self-insurors pursuant to Florida Statutes, Section 440.38." The amended petition further alleged that one of the individual service companies had been authorized by one self-insurer, Cedars of Lebanon Hospital Corporation, to represent it in this proceeding and that one individual service com...

...n the rate base, the premium, or any rate filing. Section 440.34(3). We recognize that the definition of "carrier" in section 440.02(3) includes a self-insurer, and therefore any carrier provision may facially apply to self-insurers. As described by section 440.38(1)(b), a "self-insurer" is an employer who pays workers' compensation directly and is subject to depositing securities with the state in an amount sufficient to insure the prompt payment of that compensation. Such a self-insurer may also be required to carry reinsurance to insure its actuarial soundness. Further, under section 440.385, such a self-insurer may incur a cost in belonging to the Florida Self-Insurers Guaranty Association, Inc....

exchange, authorized to do business in the state." § 440.38(l)(a), Fla. Stat. (2004); Limerock Indus., Inc

...y commissioner an application for a review thereof by the full commission in accordance with the provisions of this Subsection; provided, however, that an employer who has not secured the payment of compensation under this chapter in compliance with § 440.38 shall, as a condition of filing such application for a review by the full commission, file with his application for review a good and sufficient bond, as provided in § 59.13 of chapter 59, conditioned to pay the amount of the award, intere...

employer. Under the workmen's Compensation Law (Section 440.38, Florida Statutes, 1941, and F.S.A.) an employer

current and future claims for workplace injury. § 440.38(1), Fla. Stat. (2006). As is familiarly known

...(Doc' 2 at 1-2). Plaintiff contends that his claim “arises under” Florida Statutes § 440.06 and § 440.11(1). Florida Statute § 440.06 provides: Every employer who fails to secure the payment of compensation . .. by failing to meet the requirements of s. 440.38 may not, in any suit brought against him or her by an employee subject to this chapter to recover damages for injury or *1315 death, defend such a suit on the grounds that the injury was caused by the negligence of a fellow servant, that-th...

...•As to paragraph 7, Defendant contends that it secured coverage for compensation as required by the FWCL so the proscription on certain affirmative defenses contained in Florida Statutes § 440.06 and § 440.11(l)(a) is inapplicable. Florida Statute § 440.38 lists the permitted Ways an employer can secure the payment of compensation as required under the FWCL....

...utual company or association or exchange, authorized to do business in the state,’.’ or (2) “furnishing satisfactory proof.. .that it has the financial strength necessary to ensure timely payment of all current and future claims.” Fla. Stat. § 440.38 (l)(a)-(b)....

...h the Board of Employee Leasing Companies "evidence of workers' compensation coverage for all leased employees in this state." § 468.529(2), Fla. Stat. (2002). The issue to be resolved is whether CORE secured workers' compensation coverage for Orr. Section 440.38, Florida Statutes (2002), sets out a number of means by which an employer may secure workers' compensation coverage, including self-insurance if certain statutory requirements are satisfied....

...The parties appear to agree that CORE "self-funded" its workers' compensation claims. However, there is nothing in the record which conclusively demonstrates either that CORE was a self-insurer for workers' compensation purposes or that it had otherwise secured compensation in compliance with section 440.38. If CORE did secure compensation in compliance with section 440.38, Orr was the employee of a licensed employee leasing company (CORE) pursuant to section 468.529, and appellant would have workers' compensation immunity pursuant to section 440.11(2). If CORE was a self-insurer for purposes of section 440.38, Orr could still seek to recover unpaid workers' compensation benefits from the Florida Self-Insurers Guaranty Association pursuant to sections 440.385 and 440.386, Florida Statutes (2002). However, if CORE did not secure compensation in compliance with section 440.38, Orr was not the employee of a licensed employee leasing company but, rather, the borrowed employee of appellant by virtue of section 440.11(2)....

...ntitled to workers' compensation immunity. See § 440.11(1), Fla. Stat. (2002). We reverse the partial summary judgment and remand for further proceedings on the issue of whether CORE secured workers' compensation coverage for Orr in compliance with section 440.38....

...es 1941, and F.S.A. To meet this situation the plaintiff alleged in each count of the declaration that at the time of the injury his employment came within the provisions of the Workmen's Compensation Law and that his employers failed to comply with Section 440.38 of that act....

...For the purposes of *906 chapter 440, Florida Statutes (1979), the state and its political subdivisions, in their capacity as employers, are treated no differently than private employers, except that they are deemed to be self-insurers unless they elect to obtain private insurance. See §§ 440.02(4) and 440.38(6), Fla....

...strative proceedings. Even when it is necessary to resort to such proceedings in order to obtain benefits, with exceptions that are not pertinent here, the benefits are not paid by the state unless a government body is the self-insured employer. See § 440.38(1)....

...compensation with any stock company or mutual company or association or exchange, authorized to do business in the state; (b) By furnishing satisfactory proof to the Florida Self-Insurers Guaranty Association, Incorporated, created in s. 440.385, that it has the financial strength necessary to ensure timely payment of all current and future claims individually and on behalf of its subsidiary and affiliated companies with employees in this state and receiving an authorization from the department to pay such compensation directly. ... § 440.38, Fla....

...4th DCA 2012) (rejecting the notion that the term “secure payment of compensation” imposes an “automatic duty to actually pay benefits,” but only requires that payment be insured “with any stock company or mutual company or association or exchange, authorized to do business in the state” (quoting § 440.38, Fla. Stat. (2004))); see also Limerock Indus., Inc. v. Pridgeon, 743 So. 2d 176, 177 (Fla. 1st DCA 1999) (finding section 440.38’s requirement that the employer “secure payment of compensation” was satisfied where the employer “secur[ed] a policy of workers’ compensation insurance that covered the injured employee”)....

...r and must secure the payment for his employees for the compensation payable under the Act. The employer may discharge the responsibility of securing compensation either by obtaining appropriate insurance coverage or by becoming a self insurer (F.S. section 440.38, F.S.A.)....

...l orders are limited to those that ... determine... that, as a matter of law, a party is not entitled to workers' compensation immunity[.]" [2] See § 624.155, Fla. Stat. (2000). [3] The Act defines a "carrier" as any person or fund authorized under section 440.38, Florida Statutes (2000), to insure under the law, and includes a self-insurer and a commercial self-insurance fund, authorized under section 624.462, Florida Statutes (2000)....

subcontractors.1 Under our plain reading of section 440.38(l)(c), Florida Statutes (1991), and section

...Subpoenas will be issued on request of the parties or their counsel. g. Subpoenaed witnesses — failure to appear, sanctions. If any party or legally subpoenaed witness fails to appear at the time and place set for this hearing, sanctions under rule 4.150 may be imposed or punitive actions authorized under section 440.38, Florida Statutes, may be instigated....

chapter.” The issue before us is resolved by section 440.38(1), which provides that “every employer shall

...As of December 30, 1960, 84,719 employers complied with the requirements of coverage under the workmen’s compensation law by purchasing private insurance in one or more of the 212 insurance carriers licensed to write compensation insurance in Florida. Self insurers are governed by § 440.38(1) (b), Florida Statutes, F.S.A....

a self-insured public utility authorized by section 440.38(l)(c). FP & L entered into a contract with

spite of its Indiana coverage. See Fla. Stat. § 440.38(a) (“Every employer shall secure the payment of

...r Griffith’s application for review in view of his failure to file a bond as required by Sec. 440.25(4) (a), Florida Statutes 1955, F.S.A.: “ * * * an employer who has not secured the payment of compensation under this chapter in compliance with § 440.38 shall, as a condition of filing such application for a review by the full commission, file with his application for review a good and sufficient bond, as provided in § 59.13 of chapter 59, conditioned to pay the amount of the award, intere...

...court did not establish the Trust's entitlement to judgment. Therefore, we reverse the judgment and remand for further proceedings. This dispute concerns the premium due on an insurance policy securing payment of workers' compensation benefits. See § 440.38(1)(a), Fla....

enforcement to the amount of the state’s insurance. § 440.38, Fla.Stat. (1985); cf. Avallone v. Board of County

...In a workmen’s compensation proceeding, respondent Proudfoot, an employee, was awarded certain benefits for injuries resulting from an industrial accident. His employer, Fraternal Order of Eagles, had not secured the payment of compensation in compliance with Section 440.38, Florida Statutes, F.S.A....

...s unless in the meantime an application for review is filed with the full commission. The statute then reads in part: “ * * * provided, however, that an employer who has not secured the payment of compensation under this chapter in compliance with § 440.38 shall,, as a condition of filing such application for a review by the full commission, file with his application for review a good and sufficient bond, as provided in § 59.13 of chapter 59, conditioned to pay the amount of the award,, inte...

....”); see also § 440.09(1), Fla. Stat. (requiring the employer to “pay compensation or furnish benefits” as set out in chapter 440 “if the employee suffers an accidental compensable injury . . . arising out of work performed in the course and the scope of employment”); § 440.38(1), Fla....