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Alexander Rittenhouse Brick

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Bar #90100(FL) License for 14 years

Tallahassee FL

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Florida Administrative Code: 28-106.2015, 69L-6.021, 69L-6.028, 69L-6.035

14-003106 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs SUNBURST CONSTRUCTION, INC. (2014)

Division of Administrative Hearings, Florida Filed: Jul. 03, 2014

The issue in this case is whether Respondent, Sunburst Construction, Inc. ("Sunburst"), failed to properly maintain workers' compensation insurance coverage for his employees and, if so, what penalty should be assessed.The Department did not prove that there were employees who were not covered by Respondent's workers' compensation insurance.

12-001622 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs JAMES F. HOWARD CONSTRUCTION, INC. (2012)

Division of Administrative Hearings, Florida Filed: May 07, 2012

The issue in this case is whether Respondent violated the provisions of chapter 440, Florida Statutes,1/ by failing to secure the payment of workers’ compensation, as alleged in the Stop-Work Order and Third Amended Order of Penalty Assessment.The Department did not prove that Respondent violated the provisions of chapter 440, Florida Statutes, by failing to secure the payment of workers' compensation as alleged in the Stop-Work Order and 3rd Amended Order of Penalty Assessment.

14-001419 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs AUSTERMAN, INC. (2014)

Division of Administrative Hearings, Florida Filed: Mar. 25, 2014

Whether Respondent violated the provisions of chapter 440, Florida Statutes, by failing to secure the payment of workers’ compensation as alleged in the Stop-Work Order and 3rd Amended Order of Penalty Assessment, and if so, what penalty is appropriate.Petitioner utilized the correct classification codes and manual rates in calculating workers' compensation penalty. Recommend that Petitioner assess against Respondent a penalty of $99,571.67.

13-004577 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs MICHAEL CRIBBS, D/B/A MICHAEL CRIBBS CONSTRUCTION OF PENSACOLA, INC., A DISSOLVED FLORIDA CORPORATION, AND MICHAEL CRIBBS CONSTRUCTION OF PENSACOLA, INC. (2013)

Division of Administrative Hearings, Florida Filed: Nov. 21, 2013

The issues in this case are whether Respondents violated the provisions of chapter 440, Florida Statutes (2013),1/ by failing to secure the payment of workers’ compensation as alleged in the Stop-Work Order and Second Amended Order of Penalty Assessment, and, if so, what penalty is appropriate.Imputation of wages not appropriate in absence of competent evidence that worker at site was given remuneration so as to be an employee; otherwise violation of workers' compensation law was proved, and reduced penalty was recommended.

13-002447 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs OGLES CONSTRUCTION AND ROOFING, LLC (2013)

Division of Administrative Hearings, Florida Filed: Jul. 02, 2013

Whether Petitioner, Department of Financial Services, Division of Workers’ Compensation (the Department), properly issued a Stop-Work Order and Penalty Assessment against Respondent, Ogles Construction and Roofing, LLC (Respondent), for failing to obtain workers' compensation insurance that meets the requirements of chapter 440, Florida Statutes.1/Petitioner utilized the correct classification codes and manual rates in calculating workers' compensation penalty. Imputation of payroll was necessary where Respondent refused to provide requested business records.

13-001977F GULF COAST DEVELOPMENT SERVICE, INC. vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION (2013)

Division of Administrative Hearings, Florida Filed: May 24, 2013

Whether Respondent, Department of Financial Services, Division of Workers' Compensation (Department or Respondent), should pay Petitioner, Gulf Coast Development Service, Inc.'s (Petitioner or Gulf Coast Development), attorney's fees and costs under section 57.111, Florida Statutes (2012),1/ for initiating Division of Administrative Hearings (DOAH) Case No. 13-0798.Respondent was substantially justified in issuing a Stop-Work Order and, therefore, Petitioner's claim for an award of attorney's fees and costs is denied.

13-002515 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs CABINETRY BY DESIGN OF COLLIER CO., LLC (2013)

Division of Administrative Hearings, Florida Filed: Jul. 09, 2013

Whether Respondent violated the provisions of chapter 440, Florida Statutes (2013)1/, by failing to obtain workers? compensation insurance coverage, as alleged in the Stop-Work Order and Amended Order of Penalty Assessment; and, if so, the appropriate penalty.Respondent failed to provide workers' compensation insurance coverage for employee.

13-001668 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs C AND C AGRICULTURAL FARMS, LLC (2013)

Division of Administrative Hearings, Florida Filed: May 07, 2013

Whether Respondent violated the provisions of chapter 440, Florida Statutes (2012),1/ by failing to obtain workers’ compensation insurance coverage for farm workers, as alleged in the Stop-Work Order and Second Amended Order of Penalty Assessment; and, if so, the appropriate penalty.Respondent failed to provide workers' compensation coverage for seven employees, and was not entitled to the agricultural exemption of definition of employment.

13-000605 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs PO'BOYS, INC. (2013)

Division of Administrative Hearings, Florida Filed: Feb. 18, 2013

The issue in this case is whether Respondent violated the provisions of chapter 440, Florida Statutes, by failing to secure the payment of workers’ compensation, as alleged in the Stop-Work Order and 3rd Amended Order of Penalty Assessment, and, if so, what penalty is appropriate.Respondent violated the requirement in chapter 440, Florida Statutes, that it secure workers' compensation coverage, but the penalty should not include the day stop-work order was issued where there was no evidence as to the time coverage was obtained.

12-000272 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs CHILDREN'S ACADEMY PRESCHOOL, INC. (2012)

Division of Administrative Hearings, Florida Filed: Jan. 18, 2012

The issue is whether Petitioner properly issued a Stop-Work Order and Second Amended Penalty Assessment against Respondent for failing to obtain workers' compensation insurance that meets the requirements of chapter 440, Florida Statutes.Petitioner properly issued a Stop-Work Order and Second Amended Penalty Assessment against Respondent for failing to obtain workers' compensation insurance that meets the requirements of chapter 440, Florida Statutes.