Case Law Update April 2023
Updated 5-3-23
| Jody Wolfe v. Lily M. Ruby, 1D22-3289 (Fla. 1st DCA 4/5/2023) Subject Matter Jurisdiction The claimant (Ruby) filed a PFB alleging an injury while housekeeping for Wolfe. Wolfe moved for summary final order (MSFO) seeking dismissal of the case for lack of SMJ on grounds that FS 440.02(17)(c)(1) expressly excludes housekeeping services in private homes from the definition of employment. A supporting Affidavit attested that Wolfe does not operate a business at her residence, does not employ four or more individuals and does not carry WC insurance. JCC Havers denied the MSFO and Wolfe appealed. The DCA noted that, once the MSFO with supporting Affidavit was filed demonstrating that the JCC did not have subject matter jurisdiction, the burden shifted to the claimant to file a competing Affidavit establishing a basis for jurisdiction, which she failed to do. The DCA found there was no dispute that the claimant was providing housekeeping services in a private home, which does not constitute “employment” under 440.02, and therefore the JCC lacked subject matter jurisdiction and erred in denying the MSFO. Reversed with directions to grant the summary final order. Click here to view Opinion |