Leon FL Lawyers | Justin Hale Faulkner -- eLawyers

10-001565 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs MARK DUNLAP, D/B/A MARK DUNLAP MASONRY OF CENTRAL FL, INC., A DISSOLVED FLORIDA CORPORATION AND MARK DUNLAP MASONRY OF CENTRAL FLORIDA, INC. (2010)

Division of Administrative Hearings, Florida Filed: Mar. 23, 2010

The issues in this proceeding are whether Respondent, Mark Dunlap, d/b/a Mark Dunlap Masonry of Central Florida, Inc., a dissolved Florida corporation, and Mark Dunlap Masonry of Central Florida, Inc. ("Respondent") failed to abide by the coverage requirements of the Workers' Compensation Law, chapter 440, Florida Statutes, by not obtaining workers' compensation insurance for its employees; and whether the Petitioner properly assessed a penalty against the Respondent pursuant to section 440.107, Florida Statutes.Department proved by clear and convincing evidence that Respondent failed to obtain workers compensation coverage for his employees, and that its calculation of the penalty to be assessed was correct.

10-001100 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs PAT O'CONNELL PLASTERING, INC. (2010)

Division of Administrative Hearings, Florida Filed: Mar. 03, 2010

The issue presented is whether Respondent is obligated to pay the Department the amount of $1,000 as set forth in the Department's Amended Order of Penalty Assessment.The Department failed to prove that wages were paid by the Respondent corporation for construction activity to officer/sole employee during the time period after officer's exemption had expired and had not yet been renewed.

09-006370 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs PIERSON COMMUNITY PHARMACY, INC. (2009)

Division of Administrative Hearings, Florida Filed: Nov. 18, 2009

The issues are whether Respondent violated Chapter 440, Florida Statutes (2009), by failing to secure the payment of workers' compensation, and if so, what penalty should be imposed.Petitioner met burden of proving that Respondent failed to secure workers' compensation insurance for its employees and owes a penalty in the amount of $13,996.60.

09-002321 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs DAVID BUMGARNER (2009)

Division of Administrative Hearings, Florida Filed: Apr. 30, 2009

The issue in the case is whether David Bumgarner (Respondent) should be assessed a penalty for an alleged failure to obtain workers' compensation coverage for his employees.Respondent's workers' compensation coverage failed to meet Florida requirements.

08-006412 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs C.S.E. PAVING OF SOUTH FLORIDA, INC. (2008)

Division of Administrative Hearings, Florida Filed: Dec. 23, 2008

Whether the Respondent committed the violations alleged in the Second Amended Order of Penalty Assessment filed May 11, 2009,1 and, if so, the penalty that should be imposed. Petitioner proved by clear and convincing evidence that Respondent should be assessed a penalty of $13, 487.64 for failure to have workers' compensation coverage in effect during 10 months between 11/05 and 11/08.

08-005911 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs L AND I CONSOLIDATED SERVICES, INC. (2008)

Division of Administrative Hearings, Florida Filed: Nov. 25, 2008

The issues to be resolved in this proceeding concern whether the Respondent was an employer in the State of Florida, required to secure the payment of workers' compensation insurance coverage pursuant to the appropriate provisions of Chapter 440, Florida Statutes (2007); whether the Respondent secured such coverage, if required; and whether the proposed penalty, if any, is warranted.Respondent was entitled to exemption for workers' compensation coverage, but let the previous exemption lapse without timely renewal. He renewed, but the months it was lapsed serves as a period when required coverage was not in effect.

08-003739 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs VALOU ENTERPRISES, INC., D/B/A MR. ROOTER PLUMBING (2008)

Division of Administrative Hearings, Florida Filed: Jul. 30, 2008

Whether the Respondent committed the violations alleged in the Second Amended Order of Penalty Assessment filed October 17, 2008, and, if so, the penalty that should be imposed.Petitioner proved that Respondent failed to secure workers` compensation insurance coverage for its employees. A penalty of $59,652.93 should be imposed.

08-005349 BREVARD MANAGEMENT, LLC vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION (2008)

Division of Administrative Hearings, Florida Filed: Oct. 22, 2008

At issue in this proceeding is whether the Respondent, Brevard Management, LLC, (Brevard Management) failed to abide by the coverage requirements of the Workers' Compensation Law, Chapter 440, Florida Statutes, by not obtaining workers' compensation insurance for its employees; and whether Petitioner properly assessed a penalty against Respondent pursuant to Section 440.107, Florida Statutes.The evidence demonstrated that Respondent did not carry the required workers` compensation coverage during the audit period, and that the penalty therefore was correctly calculated by the Division of Workers` Compensation.

08-004411 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs MIKE HILL CONSTRUCTION, INC. (2008)

Division of Administrative Hearings, Florida Filed: Sep. 08, 2008

The issue is whether Petitioner's Stop-Work Order and Amended Order of Penalty Assessment are lawful.Respondent employed Mike Hill, who was eligible for an exemption from workers` compensation insurance, but did not obtain exemption from the Department.

08-003892 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs HAROLD`S PLUMBING, INC. (2008)

Division of Administrative Hearings, Florida Filed: Aug. 11, 2008

The issues are whether Respondent failed to provide workers' compensation insurance for its employees, whether the "Stop-Work" Order was warranted, and, whether Petitioner correctly calculated the assessed penalty.Respondent failed to provide workers` compensation insurance coverage for employees; $29,688 fine appropriate.

Justin Hale Faulkner