| JCC Newman (Tallahassee) (Richard Stoudemire) (4-1-24) – Denied all benefits based on statute of limitations defense. The claimant sustained injuries while performing construction work for his own company, a Georgia corporation. The claimant’s company subcontracted from Stanley Smith, Inc. His company presented a certificate of insurance to Stanley Smith, Inc., but the company only had coverage in Georgia, not Florida. The claimant initially only filed a Circuit Court tort action against the general contractor and a separate contractor, but not Stanley Smith, Inc. The Circuit Court ultimately granted a Motion for Summary Judgment finding that workers’ compensation immunity barred the claimant’s tort action. More than two years after the date of accident, the claimant filed a petition against Stanley Smith, Inc. and the two defendants from the Circuit Court case. Stanley Smith, Inc. conceded it was the claimant’s statutory employer, but asserted the two-year statute of limitations had run. The claimant asserted 440.19(6), tolled the SOL during the pendency of a tort action and prevented the SOL from running since Stanley Smith, Inc. had a “unified employment” with the two defendants in the Circuit Court action. The JCC rejected such argument and found 440.19(6) did not apply towards Stanley Smith, Inc. as Stanley Smith, Inc. was not a party in the Circuit Court action and there was no “unified employment.” The JCC also denied the claim for benefits against the general contractor since the general contractor was not the statutory employer, Stanley Smith, Inc. was. Click here to view Order |