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DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs PIP MANAGEMENT CORP., D/B/A PIP CONSTRUCTION, 20-005355 (2020)

Court: Division of Administrative Hearings, Florida Number: 20-005355 Visitors: 247
Petitioner: DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION
Respondent: PIP MANAGEMENT CORP., D/B/A PIP CONSTRUCTION
Judges: ROBERT L. KILBRIDE
Agency: Department of Financial Services
Locations: Delray Beach, Florida
Filed: Dec. 09, 2020
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, February 25, 2021.

Latest Update: Feb. 02, 2025
SKM_368e21030810300

FILED

MAR O 8 2021

Chief Financ ial Officer

Docketed by·


CHIEF FINANCIAL OFFICER

JIMMY PATRONIS

STATE OF FLORIDA


DEPARTMENT OF FINANCIAL

SERVICES, DIVISION OF WORKERS' COMPENSATION,


Petitioner,


  1. Case No.: 17-267-Dl-WC


    PIP MANAGEMENT CORP. D/B/A PIP CONSTRUCTION,


    Respondent.

    - - - - - - - - - - - - - - - - I

    FINAL ORDER


    THIS CAUSE came before me for final action on PIP Management Corp. d/b/a PIP Construction's ("Employer") request for administrative review ("petition") challenging a Stop­ Work Order for Specific Worksite Only and Order of Penalty Assessment ("Stop-Work Order), and an Amended Order of Penalty Assessment.

    FINDINGS OF FACT


    1. On July 19, 2017, the Department of Financial Services, Division of Workers' Compensation ("Department"), served Employer the Stop-Work Order.

    2. On July 19, 2017, the Department and Employer executed an Agreed Order of Conditional Release from Stop-Work Order ('.' Conditional Release"), wherein Employer agreed to pay the Department the penalty assessed against Employer.

    3. On November 28, 2017, the Department served Employer an Amended Order of Penalty Assessment. The Amended Order of Penalty Assessment assessed a total penalty of

      $30,215.08.


      Filed March 9, 2021 9:53 AM Division of Administrative Hearings

    4. On December 19, 2017, the Department received Employer's petition.


    5. On February 24, 2021, Employer withdrew its Petition.


    6. The factual aliegations contained in the Stop-Work Order and the Amended Order of Penalty Assessment are hereby adopted as the Department's findings of fact in this case.

      CONCLUSIONS OF LAW


    7. Based upon the findings of fact adopted herein, the Department concludes Employer violated the specific statutes and rules as alieged in the Stop-Work Order and the Amended Order of Penalty Assessment.

    8. Employer remains subject to the conditional release until the total penalty of


$30,215.08 is paid in fulI.


DONE and ORDERED this <;/t-t.._ day of , 2021.


ol man, Director Division of Workers' Compensation

NOTICE OF RIGHT TO APPEAL


A party adversely affected by this final order may seek judicial review as provided in section 120.68, Florida Statutes, and Florida Rule of Appellate Procedure 9.190. Judicial review is initiated by filing a notice of appeal with the Agency Clerk, and a copy of the notice of appeal, accompanied by the filing fee, with the appropriate district court of appeal. The notice of appeal must conform to the requirements of Florida Rule of Appellate Procedure 9.110(d), and must be filed (i.e., received by the Agency Clerk) within thirty days ofrendition of this final order.


Filing with the Department's Agency Clerk may be accomplished via U.S. Mail, express overnight delivery, hand delivery, facsimile transmission, or electronic mail. The address for overnight delivery or hand delivery is DFS Agency Clerk, Department of Financial Services, 612

Larson Building, 200 East Gaines Street, Tallahassee, Florida 2399-0390. The facsimile number is (850) 488-0697. The email address is DFSAgencyClerk@myfloridacfo.com.


COPY FURNISHED TO:


PIP MANAGEMENT CORP. D/B/A PIP CONSTRUCTION C/O ADRIAN MIDDLETON, ESQ.

1437 MARKET STREET

TALLAHASSEE, FLORIDA 32312


Docket for Case No: 20-005355
Issue Date Proceedings
Mar. 09, 2021 Agency Final Order filed.
Feb. 25, 2021 Order Closing File. CASE CLOSED.
Feb. 25, 2021 Petitioner's Unopposed Motion to Relinquish Jurisdiction filed.
Feb. 17, 2021 Petitioner's Notice of Rescheduling of Depositions filed.
Feb. 08, 2021 Petitioner's Notice of Taking Remote Audio/Video Deposition filed.
Feb. 08, 2021 Petitioner's Notice of Taking Telephonic Deposition filed.
Jan. 22, 2021 Order Granting Continuance and Rescheduling Hearing by Zoom Conference (hearing set for April 2, 2021; 9:00 a.m., Eastern Time).
Jan. 22, 2021 Petitioner?s Agreed Motion to Continue Hearing filed.
Jan. 13, 2021 Notice of Service of Respondent's Answers to Department's First Discovery Request filed.
Dec. 17, 2020 Order of Pre-hearing Instructions.
Dec. 17, 2020 Notice of Hearing by Zoom Conference (hearing set for February 10, 2021; 9:00 a.m., Eastern Time).
Dec. 17, 2020 Joint Response to Initial Order filed.
Dec. 14, 2020 Order Accepting Qualified Representative.
Dec. 11, 2020 Petitioner's Motion to Accept Qualified Representative filed.
Dec. 10, 2020 Petitioner's Notice of Service of Petitioner's First Discovery Request filed.
Dec. 10, 2020 Initial Order.
Dec. 10, 2020 Procedural Order.
Dec. 09, 2020 Amended Order of Penalty Assessment filed.
Dec. 09, 2020 Stop-Work Order for Specific Worksite Only filed.
Dec. 09, 2020 Respondent's Petition for Formal Hearing under Sections 120.569 and 120.57, Request for Abeyance, and Waiver of 15 Day Referral filed.
Dec. 09, 2020 Agency referral filed.

Orders for Case No: 20-005355
Issue Date Document Summary
Mar. 08, 2021 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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