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John M Iriye
John M Iriye
Visitors: 17
2
Bar #129674(FL)     License for 27 years; Member in Good Standing
Winter Springs FL

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06-004891  BOUDREAU`S CONCRETE, INC. vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION  (2006)
Division of Administrative Hearings, Florida Filed: Dec. 04, 2006
Whether Petitioner failed to secure worker’s compensation coverage for seven employees who worked from February 28, 2006, to March 3, 2006, in violation of Chapter 440, Florida Statutes, and whether, as a result, Petitioner should be assessed a penalty in the amount of $1,115.52.Respondent failed to prove that the concrete company, not its subcontractor, was required to carry workers` compensation insurance on seven employees during the week the penalty was assessed.
06-002648  J AND A FRAMING, INC. vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION  (2006)
Division of Administrative Hearings, Florida Filed: Jul. 21, 2006
Whether Petitioner is entitled to file a Petition for hearing to challenge the Stop-Work Order (SWO) and Amended Order of Penalty Assessment (AOPA) more than 21 days from the date of the SWO and the AOPA?Petitioner failed to prove that equitable tolling should apply in order to permit it to file an untimely petition to challenge the SWO and AOPA. The petition was more than 100 days late. Petitioner turned a "blind eye" toward the Notice.
06-000024  DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs TWIN CITY ROOFING CONSTRUCTION SPECIALIST, INC.  (2006)
Division of Administrative Hearings, Florida Filed: Jan. 05, 2006
Whether the Respondent committed the violations alleged in the Second Amended Order of Penalty Assessment filed February 2, 2006, and, if so, the penalty that should be imposed.Respondent did not have workers` compensation coverage as required by Florida law, and it failed to produce payroll records timely. Petitioner correctly imputed payroll for calculation of a penalty of $108,188.05 for failure to have coverage.
05-002325  DEPARTMENT OF FINANCIAL SERVICES vs SNYDER MARTIN D/B/A AFFORDABLE FENCING  (2005)
Division of Administrative Hearings, Florida Filed: Jun. 28, 2005
The issue to be determined is whether Respondent complied with coverage requirements of the workers' compensation law, Chapter 440, Florida Statutes. A determination of whether Respondent functioned as an employer is a preliminary issue to be resolved.Repondent`s violations were clear and convincingly proven and the penalties are enhanced by the operation of law due to Respondent`s failure to comply with Petitioner`s Stop Work Order. Recommend a fine of $200,954.12.
05-002289  DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs RAYLIN STEEL ERECTORS, INC.  (2005)
Division of Administrative Hearings, Florida Filed: Jun. 23, 2005
The issue is whether Respondent, Raylin Steel Erectors, Inc., employed persons in the State of Florida without obtaining workers' compensation coverage meeting the requirements of Chapter 440, Florida Statutes. If Respondent failed to obtain the required insurance, the subsequent issue is whether the penalty in the amount of $140,975.32, was properly assessed by Petitioner, Florida Department of Financial Services, Division of Workers' Compensation, pursuant to Section 440.107, Florida Statutes, and Florida Administrative Code Chapter 69L.Respondent, employing subcontractors and sub-subcontractors in Florida, is required to pay assessments for work performed after October 1, 2003, when it did not have the required workers` compensation coverage under Section 440.38, Florida Statutes.
03-000926  DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs WOOD-HOPKINS CONTRACTING, LLC  (2003)
Division of Administrative Hearings, Florida Filed: Mar. 18, 2003
The issues are whether Respondent had workers' compensation insurance coverage for the relevant time period as required by Sections 440.10(1)(a) and 440.38(1), Florida Statutes, and if not, what penalty should be imposed.Respondent failed to provide its employees with workers` compensation insurance. Petitioner properly assessed a penalty in the amount of $423, 811.72.
03-004014  DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs RETROSPEC PAINTING & RECONSTRUCTION, INC.  (2003)
Division of Administrative Hearings, Florida Filed: Oct. 29, 2003
The issues in the case are whether the Respondent was required to carry workers' compensation coverage for certain individuals, and, if so, whether the Petitioner correctly assessed a penalty against the Respondent.Respondent failed to provide workers` compensation benefits to its employees. Recommend fine.
03-000928  DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs BERISFORD CHAMPAGNIE  (2003)
Division of Administrative Hearings, Florida Filed: Mar. 18, 2003
The issues to be resolved in this proceeding concern whether the Respondent failed to abide by the coverage requirements of the Florida Workers' Compensation Law embodied in Chapter 440, Florida Statutes, by not obtaining a workers' compensation insurance policy and whether the Petitioner properly assessed a penalty against the Respondent pursuant to Section 440.107, Florida Statutes.Petitioner established that Respondent was a statutory employer with employees at the pertinent times, without having secured workers` compensation coverage as required by statutory authority. Recommended that fines sought by the Agency be assessed.

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