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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

16-003769 PAYROLL MANAGEMENT, INC. vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION (2016)

Division of Administrative Hearings, Florida Filed: Jul. 01, 2016

At issue in this proceeding is whether Payroll Management, Inc. (“PMI”), a former self-insurer, should be required to increase its qualifying security deposit with the Florida Self- Insurers Guaranty Association, Inc. (“FSIGA”), from $5,144,108 to $7,434,705, as directed by the Department of Financial Services, Division of Workers’ Compensation (the “Department”).Petitioner failed to establish that the Department's acceptance of FSIGA's security deposit recommendation was erroneous.

16-005109 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs BEST FRAMING USA, INC. (2016)

Division of Administrative Hearings, Florida Filed: Sep. 06, 2016

The issues in this case are whether Respondent, Best Framing USA, Inc. (“Best Framing”), understated its business payroll as reported to the company’s workers’ compensation insurance carrier; if so, whether a penalty should be imposed by Petitioner, Department of Financial Services, Division of Workers’ Compensation (the “Department”); and whether the Department properly calculated the penalty which it assessed against Respondent.1/Petitioner proved with clear and convincing evidence that Respondent understated its payroll to the insurance carrier. A penalty in the amount of $891,418.46 is warranted.

15-000975 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs BEAUTIFUL SMILES SOUTH MIAMI, P.A. (2015)

Division of Administrative Hearings, Florida Filed: Feb. 20, 2015

The issues are whether Respondent owes a penalty for failing to obtain workers' compensation insurance for its employees and, if so, the amount of the penalty, pursuant to sections 440.10 and 440.107, Florida Statutes.Respondent required to secure workers' compensation for leased employees, none of whom qualified as casual employees. Respondent required to secure workers' compensation for employees failing to meet requirements of independent contractors.

15-003168 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs BARGAIN BOB'S CARPETS, INC. (2015)

Division of Administrative Hearings, Florida Filed: Jun. 02, 2015

The issues in this case are whether Respondent violated chapter 440, Florida Statutes (2014),1/ by failing to secure the payment of workers' compensation coverage as alleged in the Stop-work Order and 2nd Amended Order of Penalty Assessment, and if so, the amount of the penalty that should be assessed.Petitioner proved that some portions of the penalty assessment were correct, but failed to prove that other portions of the penalty assessment were correct. Recommend recalculation of the penalty to be assessed.

15-004086 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs ESCOBAR MARBOL AND TILE, INC. (2015)

Division of Administrative Hearings, Florida Filed: Jul. 17, 2015

The issue is whether Petitioner properly issued a Stop-Work Order and 2nd Amended Order of Penalty Assessment against Respondent for failing to obtain workers’ compensation insurance that meets the requirements of chapter 440, Florida Statutes.Petitioner proved by clear and convincing evidence that Respondent failed to secure payment of workers' compensation insurance and correctly calculated a fine of $18,439.68.

15-004331 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs OCALA EXTERIOR SOLUTIONS, INC. (2015)

Division of Administrative Hearings, Florida Filed: Jul. 30, 2015

The issue in this case is whether Respondent, Ocala Exterior Solutions, Inc., failed to properly maintain workers' compensation insurance coverage for its employees, and, if so, what penalty should be assessed.The Department proved by clear and convincing evidence that a penalty of $9,454.22 should be imposed.

15-005320 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs BERT HALAS, IV (2015)

Division of Administrative Hearings, Florida Filed: Sep. 23, 2015

The issues in this case are whether Respondent is a corporate officer of a company that remains delinquent in paying a penalty assessed by Petitioner, an affiliation which would render Respondent ineligible to make an effective election of exemption from chapter 440, Florida Statutes; and, if so, whether Petitioner should deny Respondent's Notice of Election to Be Exempt for that reason.Because Respondent was not, as alleged, a corporate officer of a company that remains delinquent in paying a penalty, Petitioner should grant Respondent's Notice of Election to Be Exempt from chapter 440.

14-005941 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs AMERICAN PRO DIVING CENTER, INC. (2014)

Division of Administrative Hearings, Florida Filed: Dec. 16, 2014

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 Amended Order of Penalty Assessment; and, if so, what is the appropriate penalty.Department failed to prove that Respondent violated the Workers' Compensation laws as alleged in the Amended Order of Penalty Assessment.

15-001596 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs LEONARD LEONARD, D/B/A LEO'S TOUCH HAND CAR WASH (2015)

Division of Administrative Hearings, Florida Filed: Mar. 23, 2015

The issue is whether the Stop-Work Order, Amended Stop-Work Order, and Amended Order of Penalty Assessment entered by Petitioner on January 14 and 22, 2015, and February 23, 2015, respectively, should be upheld.The Department proved by clear and convincing evidence that Respondent employed four or more individuals and was required to secure workers' compensation coverage which it did not have. The $50,505.36 assessment should be imposed.

14-002618 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs MEX GROUP MAINTENANCE AND REPAIR, INC. (2014)

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

The issues in this case are whether Respondent, Mex Group Maintenance and Repair, Inc. (Respondent or Mex Group), failed to secure the payment of workers’ compensation as required by chapter 440, Florida Statutes,1/ and if so, what penalty should be imposed.Respondent failed to secure payment of workers' compensation and materially understated and concealed payroll. Department proved that penalty calculation of $1,213,357.30 was correct.