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

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.

08-004630 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs GARY THE CARPENTER CONSTRUCTION, INC. (2008)

Division of Administrative Hearings, Florida Filed: Sep. 19, 2008

The issues in this case are whether Respondent, Gary the Carpenter Construction, Inc., failed to comply with the requirements of Sections 440.10, 440.107, and 440.38, Florida Statutes, and, if so, the appropriate amount of penalty which should be assessed against Respondent.Respondent is liable for workers` compensation insurance for two subcontractors who were not exempt from coverage and had failed to obtain coverage.

08-005817 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs DECORATIVE CONCRETE AND CURBING, INC. (2008)

Division of Administrative Hearings, Florida Filed: Nov. 19, 2008

The issue in this case is whether Respondent, Decorative Concrete and Curbing, Inc. ("Decorative Concrete"), complied with the requirements of Sections 440.10, 440.107, and 440.38, Florida Statutes (2008).1Respondent failed to provide workers` compensation coverage for its employee. The Department`s computation of penalty is correct.

07-004428 U.S. BUILDERS, L.P. vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION (2007)

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

The issue is whether Petitioner, U.S. Builders, L.P. (USB), timely and effectively requested a final hearing on the issues related to the Order of Penalty Assessment issued by the Department of Financial Services, Division of Workers’ Compensation (Department) in accordance with the requirements of Chapter 120.57, Florida Statutes.Petitioner did not have the workers` compensation insurance coverage required by Florida law. "Other states insurance" coverage did not meet Florida rule requirements. Recommend a statutory penalty of $14,983.96.

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.

08-002105 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs CAPELLA VENTURES, INC. (2008)

Division of Administrative Hearings, Florida Filed: Apr. 28, 2008

Whether Respondent has committed the acts alleged in the Stop Work Order and Order of Penalty Assessment and if so, what penalty should be imposed.Petitioner proved Respondent, a dissolved corporation, failed to secure workers` compensation insurance for its workers. The corporation, as opposed to its officers, remained liable for the debt.

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.

08-001328 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs BUON APPETITO CAFE, INC. (2008)

Division of Administrative Hearings, Florida Filed: Aug. 20, 2008

At issue in this proceeding is whether the Respondent, Buon Appetito Café, Inc., ("Buon Appetito") 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.Respondent was liable for penalty assessment where it had four employees but did not carry workers` compensation coverage.

07-005353 HECTOR MARTINEZ CONSTRUCTION, LLC vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION (2007)

Division of Administrative Hearings, Florida Filed: Nov. 20, 2007

The issues in this case are whether Petitioner violated Subsection 440.107(7)(c), Florida Statutes (2007),1 and, if so, what penalty should be assessed.Petitioner continued business operation after a stop-work order was reinstated.

08-000256 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs RANDALL LEE SOUTHERLAND (2008)

Division of Administrative Hearings, Florida Filed: Jan. 15, 2008

Whether Respondent, Randall Lee Southerland, conducted operations in the construction industry in the State of Florida without obtaining workers’ compensation coverage, meeting the requirements of Chapter 440, Florida Statutes (2007),1 in violation of Subsection 440.107(2), Florida Statutes. If so, what penalty should be assessed by Petitioner, Department of Financial Services, Division of Workers’ Compensation, pursuant to Section 440.107, Florida Statutes (2007), and Florida Administrative Code Chapter 69L.Applying grout is part of tiling which is "construction," and under Chapter 440, Respondent is required to have workers` compensation insurance as a sole proprietor; penalty $1,168.

Kristian E. Dunn