The Florida First District Court of Appeal recently affirmed an order of summary judgment obtained by Dave Jester, Austin Moretz, and Jessica Scholl of the firm’s Pensacola office. The issue on appeal was whether the general contractor was entitled to workers’ compensation immunity when the plaintiff, a business owner/subcontractor who chose not to be covered by workers’ compensation insurance, was injured on a job site. The plaintiff contended that by choosing not to be covered by workers’ compensation insurance, he effectively removed himself from the workers’ compensation scheme and, therefore, opened the general contractor up to a tort suit. The appeals court disagreed, holding that the plaintiff’s choice did not circumvent the general contractor’s statutory immunity provided under Florida law. The decision saved the general contractor from potential exposure in the millions of dollars. The appeals court further issued an order granting the general contractor’s right to recover attorneys’ fees and costs.
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