Leon FL Administrative law and Criminal defense Lawyers

15-007351 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs USA PROFESSIONAL PLASTERING, LLC (2015)

Division of Administrative Hearings, Florida Filed: Dec. 30, 2015

The issue is whether Petitioner properly issued a Stop-Work Order and 3rd Amended Order of Penalty Assessment against Respondent for failing to obtain workers' compensation insurance that meets the requirements of chapter 440, Florida Statutes.Petitioner properly issued a Stop-Work Order and 3rd Amended Order of Penalty Assessment against Respondent for failing to obtain workers' compensation insurance that meets the requirements of chapter 440.

15-005281 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs PEREZ CONCRETE, INC. (2015)

Division of Administrative Hearings, Florida Filed: Sep. 18, 2015

The issue in this case is whether Petitioner proved that Respondent violated chapter 440, Florida Statutes (2014),1/ by failing to secure the payment of workers' compensation coverage as alleged in the Stop-Work Order and Amended Order of Penalty Assessment.Petitioner failed to prove that Respondent should be assessed a fine for failing to secure payment of workers' compensation insurance where Respondent, a subcontractor, had secured and maintained insurance through the statutory employer.

15-003944 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs FOREVER FLOORS AND MOORE, INC. (2015)

Division of Administrative Hearings, Florida Filed: Jul. 15, 2015

At issue in this proceeding is whether the Respondent, Forever Floors and More, Inc. ("Forever Floors"), 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, if so, whether the Petitioner properly assessed a penalty against the Respondent pursuant to section 440.107, Florida Statutes.The Department established by clear and convincing evidence that Respondent, a company engaged in the construction industry, failed to obtain workers' compensation coverage for its employees during the penalty period.

15-003983 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs LEE ROY LAMOND SIZEMORE, D/B/A LEE'S SCREEN AND REPAIRS (2015)

Division of Administrative Hearings, Florida Filed: Jul. 16, 2015

The issue in this case is whether the Respondent should be assessed a penalty for an alleged failure to obtain workers’ compensation, as charged in a Stop-Work Order and Amended Order of Penalty Assessment.Petitioner proved some but not all of the proposed penalty by clear and convincing evidence.

15-006062 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs KP ROOFING MASTERS, LLC (2015)

Division of Administrative Hearings, Florida Filed: Oct. 26, 2015

Whether KP Roofing Masters, LLC ("Respondent"), failed to secure the payment of workers' compensation coverage for its employees, and if so, whether the Department of Financial Services, Division of Workers' Compensation ("Department"), correctly calculated the penalty imposed against Respondent.Respondent violated the requirement in chapter 440 to secure workers' compensation coverage. Recommend penalty assessment of $60,090.56, which excludes period of subcontractor's non-compliance, based on contractor's reliance on certificate of insurance.

14-006147F AMERICAN PRO DIVING CENTER, INC. vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION (2014)

Division of Administrative Hearings, Florida Filed: Dec. 18, 2014

Whether Petitioner is entitled to attorneys’ fees under 57.111, Florida Statutes.The claim under 57.111, Florida Statutes, dismissed for failure to prosecute.

16-000379F AMERICAN PRO DIVING CENTER, INC. vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION (2016)

Division of Administrative Hearings, Florida Filed: Jan. 25, 2016

The claim under 57.111, Florida Statutes, dismissed for failure to prosecute.

15-005086 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs W.D. HUTCHINSON CONSTRUCTION, LLC (2015)

Division of Administrative Hearings, Florida Filed: Sep. 15, 2015

The issue is whether Respondent's request for a hearing to contest a Stop-Work Order and Amended Order of Penalty Assessment (Amended Assessment) issued by Petitioner, Department of Financial Services, Division of Workers' Compensation (Division), was timely filed by virtue of the doctrine of equitable tolling.Employer did not prove that it was misled by Division investigator on deadline requesting a hearing. Doctrine of equitable tolling not applicable.

15-001613 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs HOLLYWOOD CONSTRUCTION OF NORTHWEST FLORIDA, LLC (2015)

Division of Administrative Hearings, Florida Filed: Mar. 23, 2015

The issues are whether Respondent, Hollywood Construction of Northwest Florida, LLC (Hollywood Construction), failed to secure workers’ compensation insurance as required by chapter 440, Florida Statutes (2014); and if so, what penalty should be imposed.The Department failed to prove by clear and convincing evidence that $21,853.80 is the correct penalty and/or that it utilized the correct methodology in calculating that penalty.

15-003479 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs VLASNIK CARPENTRY AND CONSTRUCTION, INC. (2015)

Division of Administrative Hearings, Florida Filed: Jun. 18, 2015

The issues are whether Respondent, Vlasnik Carpentry and Construction, Inc., 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 failed to prove by clear and convincing evidence that Respondent engaged in carpentry other than on a limited basis during the two-year period reviewed. The $1,000 penalty assessed is sufficient to cover the limited engagement.

Trevor S Suter