Leon FL Administrative law, Criminal defense and Litigation -- eLawyers

13-000605 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs PO'BOYS, INC. (2013)

Division of Administrative Hearings, Florida Filed: Feb. 18, 2013

The issue in this case is whether Respondent violated the provisions of chapter 440, Florida Statutes, by failing to secure the payment of workers’ compensation, as alleged in the Stop-Work Order and 3rd Amended Order of Penalty Assessment, and, if so, what penalty is appropriate.Respondent violated the requirement in chapter 440, Florida Statutes, that it secure workers' compensation coverage, but the penalty should not include the day stop-work order was issued where there was no evidence as to the time coverage was obtained.

10-003106F P.A.T. AUTO TRANSPORT, INC. vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION (2010)

Division of Administrative Hearings, Florida Filed: Jun. 07, 2010

The issues are whether Respondent was substantially justified in issuing an initial Stop Work Order and Order of Penalty Assessment against Petitioner for failing to comply with a Business Records Request, followed by an Amended Stop-Work Order and an Amended Order of Penalty Assessment to Petitioner for alleged noncompliance with workers’ compensation coverage requirements, and if so, is an award of attorneys’ fees and costs appropriate.Petitioner is entitled to attorneys' fees and costs due to Respondent's failure to determine Petitioner's compliance.

10-003107F P.A.T. AUTO TRANSPORT, INC. vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION (2010)

Division of Administrative Hearings, Florida Filed: Jun. 07, 2010

The issues are whether Respondent was substantially justified in issuing an initial Stop Work Order and Order of Penalty Assessment against Petitioner for failing to comply with a Business Records Request, followed by an Amended Stop-Work Order and an Amended Order of Penalty Assessment to Petitioner for alleged noncompliance with workers’ compensation coverage requirements, and if so, is an award of attorneys’ fees and costs appropriate.Petitioner is entitled to attorneys' fees and costs due to Respondent's failure to determine Petitioner's compliance.

10-000520 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs JAMES S. LUMBERT (2010)

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

Whether the Respondent owes a penalty of $43,718.07 for failing to obtain workers' compensation insurance coverage, as set forth in the 2nd Amended Order of Penalty Assessment dated February 1, 2010.DWC failed to prove that Respondent was required to obtain workers' compensation insurance as sole proprietor or independent contractor or that was being paid to move blocks at construction site. 2nd Amended Penalty Assessment should be dismissed.

09-003484 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs DTS, LLC (2009)

Division of Administrative Hearings, Florida Filed: Jun. 24, 2009

The issues to be resolved in this proceeding concern whether the Respondent, P.A.T. Auto Transport, Inc., committed the violations alleged in the relevant Stop-Work Order and the Fourth Amended Order of Penalty Assessment, and, if so, what, if any, penalty is warranted.Petitioner failed to prove that drivers were employees; they were independant contractors. Therefore, Respondent was compliant with coverage statute and no penalty.

09-003486 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs P.A.T. AUTO TRANSPORT, INC. (2009)

Division of Administrative Hearings, Florida Filed: Jun. 24, 2009

The issues to be resolved in this proceeding concern whether the Respondent, P.A.T. Auto Transport, Inc., committed the violations alleged in the relevant Stop-Work Order and the Fourth Amended Order of Penalty Assessment, and, if so, what, if any, penalty is warranted.Petitioner failed to prove that drivers were employees; they were independant contractors. Therefore, Respondent was compliant with coverage statute and no penalty.

09-000959 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs RON`S CUSTOM SCREEN, INC. (2009)

Division of Administrative Hearings, Florida Filed: Feb. 19, 2009

The issue is whether Respondent is liable for a penalty of $265,604.81 based on payroll records for the period from October 28, 2008, through October 27, 2008, pursuant to Subsection 440.107(7), Florida Statutes (2008).1The penalty for unpaid loans from the employer is upheld, but the remainder of the penalty is not shown by clear and convincing evidence.

09-000641 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs AJ'S MARBLE AND TILE, INC. (2009)

Division of Administrative Hearings, Florida Filed: Feb. 06, 2009

Whether the Petitioner failed to secure workers' compensation insurance coverage for its employees, as set forth in the Stop-Work Order dated October 15, 2008, and, if so, the penalty that should be assessed.Petitioner proved Respondent did not secure workers' comp insurance coverage for employees for 3-year period and failed to cease business operations under the Stop Work Order. Recommend a penalty assessment per 3d Amended Order of Penalty Assessment.

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.

08-005348 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs JOHN H. WOODS, D/B/A WOODS CONSTRUCTION (2008)

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

Whether Respondent, John H. Woods, d/b/a Woods Construction, conducted operations in the State of Florida without obtaining workers’ compensation coverage which meets the requirements of Chapter 440, Florida Statutes (2008)1, in violation of Subsection 440.107(2), Florida Statutes, as alleged in the Amended Stop-Work Order and Order of Penalty Assessment and Second Amended Order of Penalty Assessment. If so, what penalty should be assessed by Petitioner, Department of Financial Services, Division of Workers’ Compensation, pursuant to Section 440.107, Florida Statutes.Respondent failed to comply with the statute requiring employer to provide employees with workers' compensation coverage; no exemptions applied for; some not covered by PEO; and company records unreliable. Recommend a penalty of $306,214.

Kristian E. Dunn