Leon FL Administrative law, Appeals and Banking Lawyers

06-001169 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs WILLIAM R. SIMS ROOFING, INC. (2006)

Division of Administrative Hearings, Florida Filed: Apr. 05, 2006

Whether Respondent properly secured the payment of workers' compensation insurance coverage, as delineated by Subsection 440.107(2), Florida Statutes (2005),1 and, if not, what penalty for such failure is warranted. Whether Respondent conducted business operations in violation of a stop-work order, and, if so, what is the correct penalty for such violation, pursuant to Subsection 440.107(7)(c), Florida Statutes.Petitioner failed to secure workers` compensation insurance and coverage for its employees, in addition to the violation of the Stop Work Order. Recommend a fine of $49,413.18.

07-005059 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs LOCKHART BUILDERS, INC. (2007)

Division of Administrative Hearings, Florida Filed: Nov. 05, 2007

The issues to be determined in this case are whether Respondent Lockhart Builders, Inc., violated state laws applicable to workers’ compensation insurance coverage by failing to secure coverage for three employees and failing to produce records requested by Petitioner Department of Financial Services, Division of Workers’ Compensation (Department) and, if so, what penalty should be assessed for the violations.Respondent violated workers` compensation laws by not securing insurance coverage for three employees of one of its subcontractors. However, Petitioner only proved one day of non-compliance and, should recalculate the penalty accordingly.

07-001479F KENNY NOLAN, D/B/A GREAT SOUTHERN TREE SERVICE vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION (2007)

Division of Administrative Hearings, Florida Filed: Mar. 30, 2007

Whether Petitioner is entitled to an award of attorney's fees pursuant to Section 57.111, Florida Statutes.1/Petitioner is entitled to attorney`s fees. Respondent was not substantially justified in its actions.

07-003625 JESUS MIJARES vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION (2007)

Division of Administrative Hearings, Florida Filed: Aug. 10, 2007

Whether the Petitioner was required to secure workers' compensation insurance for employees as delineated by Subsection 440.107(2), Florida Statutes (2008), and, if so, whether he did so. If Petitioner was required to provide insurance and did not, this case must also address what penalty for such failure is appropriate.Petitioner was an "employer" as that term is used in the law and should have provided workers` compensation for his roofing employees.

06-005023 OLENDER CONSTRUCTION, CO., INC. vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION (2006)

Division of Administrative Hearings, Florida Filed: Dec. 11, 2006

Whether Petitioner failed to obtain workers’ compensation insurance meeting the requirements of Chapter 440, Florida Statutes, and, if so, the penalty that should be imposed. Petitioner failed to have workers` compensation insurance for employees. Recommend that the penalty against Petitioner be recalculated.

07-004903 EXTRAORDINAIRE HOME IMPROVEMENTS, INC. vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION (2007)

Division of Administrative Hearings, Florida Filed: Oct. 26, 2007

The issue is whether the Department of Financial Services properly assessed a penalty on Petitioner for working in violation of a reinstated Stop-Work Order.Petitioner was actively involved in business operations in violation of Order Reinstating Stop-Work Order. Recommend that the amount of fine for time spent on personal residence be reduced.

07-005020 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs PLUMB STRUCTURES, INC. (2007)

Division of Administrative Hearings, Florida Filed: Oct. 30, 2007

The issues to be determined in this case are whether Respondent Plumb Structures, Inc., violated state laws applicable to workers’ compensation insurance coverage by failing to secure coverage for an employee and, if so, whether the penalty assessed against Respondent by Petitioner Department of Financial Services, Division of Workers’ Compensation (Department) was lawful.Petitioner proved by clear and convincing evidence that Respondent failed to secure workers` compensation insurance coverage in 2006 and 2007 for an officer of the corporation whose certificate of exemption had expired.

07-004479 C. R. HIGDON DEVELOPER, L. L. C. vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION (2007)

Division of Administrative Hearings, Florida Filed: Sep. 27, 2007

The issue is whether the Stop-Work Order and Amended Order of Penalty Assessment are lawful.Petitioner was not a contractor or employer and was not required to secure workers` compensation for workers on a personal building he contracted to have built.

07-001879 RAINBOW ROOFING SERVICES, INC. vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION (2007)

Division of Administrative Hearings, Florida Filed: Apr. 27, 2007

The issue presented is whether Petitioner is required to pay to the Department a penalty assessment, as set forth in the 3rd Amended Order of Penalty Assessment issued June 25, 2007.Recommend an administrative fine for not securing workers` compensation insurance and working before the Stop Work Order released, although insurance coverage was obtained.

07-001538 KEITH MYER, D/B/A CUSTOM INTERIORS AND DESIGN, INC. vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION (2007)

Division of Administrative Hearings, Florida Filed: Apr. 04, 2007

Whether Respondent failed to secure workers' compensation coverage as required by law, and, if so, what penalty should be imposed.The corporate officer and sole employee of the corporation let his exemption lapse, so he was liable for a $18,000 fine over three years.

Colin Mark Roopnarine