Leon FL Lawyers | Leon Victor Melnicoff -- eLawyers

17-000879 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs ROYAL ROOFING AND RESTORATION, INC. (2017)

Division of Administrative Hearings, Florida Filed: Feb. 09, 2017

Whether Royal Roofing and Restoration, Inc. (Respondent or Royal Roofing), failed to secure workers’ compensation insurance coverage for its employees; and, if so, whether the Department of Financial Services, Division of Workers’ Compensation (Petitioner or Department), correctly calculated the penalty to be assessed against Respondent.Petitioner proved by clear and convincing evidence that Respondent failed to secure workers' compensation insurance coverage for certain of its employees; Petitioner did not correctly calculate the penalty to be imposed against Respondent.

17-001558 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs ROYAL ROOFING AND RESTORATION, INC. (2017)

Division of Administrative Hearings, Florida Filed: Mar. 15, 2017

Whether Royal Roofing and Restoration, Inc. (Respondent or Royal Roofing), failed to secure workers’ compensation insurance coverage for its employees; and, if so, whether the Department of Financial Services, Division of Workers’ Compensation (Petitioner or Department), correctly calculated the penalty to be assessed against Respondent.Petitioner proved by clear and convincing evidence that Respondent failed to secure workers' compensation insurance coverage for certain of its employees; Petitioner did not correctly calculate the penalty to be imposed against Respondent.

17-001711 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs RENEW PAINTING, INC. (2017)

Division of Administrative Hearings, Florida Filed: Mar. 21, 2017

Whether Respondent violated the provisions of chapter 440, Florida Statutes, by failing to secure the payment of workers’ compensation coverage for its employees; and, if so, what penalty is appropriate.The Department proved, by clear and convincing evidence, that Respondent failed to secure required workers' compensation coverage for its employees during the audit period. The Department's penalty calculation was proper.

17-002010 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs JAX PAINTING AND RESTORATION, INC. (2017)

Division of Administrative Hearings, Florida Filed: Apr. 04, 2017

Whether Jax Painting and Restoration, Inc. (“Respondent”), failed to secure the payment of workers’ compensation insurance coverage for its employees; and, if so, whether the Department of Financial Services, Division of Workers’ Compensation (“Petitioner” or “Department”), correctly calculated the penalty to be assessed against Respondent.Petitioner proved by clear and convincing evidence that Respondent failed to secure workers' compensation coverage for its employees, and correctly calculated the penalty to be imposed.

16-005834 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs VASQUEZ CONSTRUCTION USA CORP. (2016)

Division of Administrative Hearings, Florida Filed: Oct. 06, 2016

The issue in this case is whether Respondent, Vasquez Construction USA Corp. (“Vasquez Corp”), should have a penalty imposed by Petitioner, Department of Financial Services, Division of Workers’ Compensation (the “Department”), for Vasquez Corp’s failure to have workers’ compensation insurance in place and, if so, the amount of such penalty or assessment.Respondent did not have workers' compensation insurance coverage for its employees and/or subcontractors. The Department's penalty calculation was proper.

16-001192 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs PIONEER CONSTRUCTION, LLC (2016)

Division of Administrative Hearings, Florida Filed: Mar. 02, 2016

Whether Respondent timely filed a request for an administrative hearing, and, if not, whether the doctrine of equitable tolling provides a defense to the applicable deadline for filing a petition for hearing.Petition for hearing was filed with the agency 28 days late, and therefore dismissal is required. Equitable tolling was not available as a defense to the untimely filing.

16-000009 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs DECK KING CORP. (2016)

Division of Administrative Hearings, Florida Filed: Jan. 06, 2016

The issues are whether Respondent, Deck King Corp., failed to secure workers’ compensation coverage for its employees, and, if so, whether the Department of Financial Services, Division of Workers’ Compensation (“Department”) correctly calculated the penalty assessment imposed against Respondent.The Department proved by clear and convincing evidence that Respondent did not carry the required workers' compensation insurance for its employees and that its officers were exempt. The penalty assessment is upheld.

15-004527 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs PROFESSIONAL STAFFING AND PAYROLL SERVICES, LLC (2015)

Division of Administrative Hearings, Florida Filed: Aug. 14, 2015

The issues in this case are whether Professional Staffing and Payroll Services, LLC, failed to secure the payment of workers' compensation coverage for its employees in violation of chapter 440, Florida Statutes (2014), and, if so, the penalty that should be imposed.Petitioner proved, by clear and convincing evidence, that Respondent violated chapter 440, Florida Statutes, by failing to secure workers' compensation coverage. Recommend upholding penalty assessed by Amended Order of Penalty Assessment.

15-002707 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs D. TECH NETWORKING SERVICES, LLC (2015)

Division of Administrative Hearings, Florida Filed: May 14, 2015

The issue in this case is whether the Stop-Work Order issued by Petitioner for Respondent's failure to comply with a business records request served in connection with Petitioner's workers' compensation coverage audit of Respondent was issued in conformance with section 440.107(7)(a), Florida Statutes (2014).1/Petitioner proved, by clear and convincing evidence, that the Stop-Work issued ordering Respondent to cease all business operations in the state for failing to secure workers' compensation coverage for its employees was correctly issued.

15-002801 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs ALELUYA ROOFING PLUS CONSTRUCTION, INC. (2015)

Division of Administrative Hearings, Florida Filed: May 20, 2015

The issues are whether Petitioner has proved that Respondent failed to secure workers' compensation insurance, as required by section 440.10, Florida Statutes, and, if so, the amount of the penalty, pursuant to section 440.107.Recommend $9864.41 fine for failure to secure workers' compensation insurance for roofing employees.

Leon Victor Melnicoff