Successful defense of motion for summary judgment filed by another carrier in a disputed employer/employee issue.
The issue involved whether the injured employee was the statutory employee of our client, or of the subcontractor who actually hired him. The injured worker was hired by a subcontractor during the aftermath of the Category 5 storm, Hurricane Michael, that hit near Panama City, Florida on October 10, 2018. The subcontractor’s company could not provide hiring paperwork that would have confirmed workers’ compensation coverage by the employee leasing company due to lack of electricity, internet connections and cellular service. Therefore, the parties agreed that the hiring paperwork would be hand delivered to the risk manager for the employee leasing company. The worker was injured one day before the hiring paperwork was hand delivered, but after the parties had agreed on hand delivery of the paperwork. The court found this to be sufficient evidence of detrimental reliance and of a disputed issue of material fact that the motion for summary judgment was denied.