Division of Administrative Hearings, Florida
Filed: Mar. 20, 2017
Whether Respondent, Stucco Drywall Contractors, Inc. ("Respondent"), failed to comply with the coverage requirements of the Workers’ Compensation Law, chapter 440, Florida Statutes; and, if so, whether Petitioner, Department of Financial Services, Division of Workers’ Compensation ("Department"), correctly calculated the penalty assessed against Respondent. Respondent does not contest the Stop-Work Order for Specific Worksite Only ("SWO"). Rather, Respondent asserts that the penalty contained in the 2nd Amended Penalty Assessment inappropriately includes two business entities ("HT Consulting Contractors" and "NDDS Services") that were "independent contractors" performing non-construction work, rather than "subcontractors" for whom Respondent has statutory liability.Petitioner sufficiently proved that Respondent failed to carry workers' compensation coverage and that penalty was appropriate. Respondent failed to prove entities were independent contractors not working in the construction industry.
