Vargas-Cabrera v. Standard Pacific of Florida G.P., Inc. dba CalAtlantic Homes (Lennar) / Broadspire (E/C #2)

JCC Dietz (Sebastian) (Derrick Cox for E/C #2) (7-15-2020) – In a bifurcated trial to determine employer/employee relationship, the JCC determined the claimant was an employee of E/C #1, of three prospective employers. The JCC accepted the testimony of the foreman and sole witness for E/C #1 that the claimant was hired and in the course and scope of employment when he fell off a ladder, sustaining serious injuries. Further, the JCC found initial payment of prescriptions, as well as a promise to pay hospital bills outside of the 120-day rule waived E/C #1’s right to contest compensability. The JCC rejected E/C #1’s argument that the two dismissal rule should result in dismissal.  The JCC found the EMT’s testimony regarding the accident scene and their observations were sufficient to prove the occurrence of an accident.      Click here to view Order