Florida/Georgia Personal Injury & Workers Compensation

...When filing the case before this Court Berman referred to Mr. Hart in the original Complaint as a "leased employee." (Dkt. 2 at p. 1, ¶ 6). When filing the Amended Complaint, Berman referred to Mr. Hart as "temporary worker." (Dkt. 23 at p. 2, ¶ 6). Fla. Stat. § 468.520(4)(a) defines a "temporary help arrangement" as one in "which an organization hires its own employees and assigns them to a client to support or supplement the client's workforce in special work situations such as employee absences, temporary skill shortages, seasonal workloads, and special assignments and projects." Fla. Stat. § 468.520(4) defines a "leasing company" as a company "which assigns its employees to a client and allocates the direction of and control over the leased employees between the leasing company and the client." IV....

...Plaintiffs argue that because it is impossible to read the Wausau Policies and definitively determine how long a "short-term" project can last, the Employee Exclusion Provision is ambiguous. Plaintiffs further claim that "short-term" should be defined in accordance with Fla. Stat. § 468.520(4)(a), which defines a "temporary help arrangement" as one in which an "organization hires its own employees and assigns them to a client to support or supplement the client's workforce in special work situations such as employee absences, temporary skill shortages, seasonal workloads, and special assignments and projects." Seizing on the "special projects" language of the statute, Plaintiffs claim that Mr. Hart is clearly a temporary worker, because in accordance with Fla. Stat. § 468.520(4), he was hired on a temporary basis to complete a "special project" for Berman....

...Hart not been injured, he would have continued working at Berman indefinitely and would have been offered permanent employment. (Sworn Stmt. of Peter Krufchinski, p. 16, lines 17-21). Defendants also claim that Plaintiffs' "reliance on the "special assignments and projects" language in Fla. Stat. § 468.520(4) is "misplaced" because the Railcar Project was not a special project at all." (Dkt....

...only supplied workers to be utilized by the client as opposed to Action Labor itself performing the work by contract. In contrast, Defendants claim that Action Labor is a leasing company. In support of this proposition, Defendants rely on Fla. Stat. § 468.520(4), which defines a "leasing company" as a company that "assigns its employees to a client and allocates the direction of and control over the leased employees between the leasing company and the client." Both Plaintiffs and Defendants als...

...able result or a result clearly contrary to legislative intent." State of Florida v. Burris, 875 So.2d 408, 410 (Fla.2004). See, Lee County Elec. Coop., Inc. v. Jacobs, 820 So.2d 297, 303 (Fla.2002). After reviewing the provisions of Florida Statute § 468.520 et seq....

...For purposes of this Order this Court will assume that Defendant Presidion Solutions, Inc. is the proper Defendant in this action. However, the Court recognizes that Defendant Presidion Solutions, Inc. vehemently contests this contention. [2] The purpose behind Florida Statute § 468.520 et seq. is to "regulate the practice of employee leasing in [Florida]." FLA. STAT. § 468.520.

...appointment or contract for hire.” § 440.02(15)(a), Fla. Stat. As recognized by OIR, this is a broad definition. An “employee leasing company” is defined as “a sole proprietorship, partnership, corporation, or other form of business entity engaged in employee leasing.” § 468.520(5), Fla. Stat. Moreover, “employee leasing” is defined as “an arrangement whereby a leasing company assigns its employees to a client and allocates the direction of and control over the leased employees between the leasing company and the client.” § 468.520(4), Fla. Stat. Furthermore, Chapter 468, Florida Statutes, requires that employee leasing companies be licensed. ART conceded and OIR agreed that, under its current operational status, it does not meet the elements of section 468.520(4), Florida Statutes. In satisfying its duty under section 627.311, Florida Statutes, to provide workers’ compensation insurance to “employers” who are statutorily required to maintain such insurance, FWCJUA is governed by its Operations Manual....

...and regulated by law, is a company engaged in “an arrangement whereby a leasing company assigns its employees to a client and allocates the direction of and control over the leased employees between the leasing company and the client.” Id. (quoting §§ 468.520(4), (5), Fla....

...nkruptcy Court is REVERSED and the case is REMANDED to the Bankruptcy Court for further proceedings not inconsistent with this opinion. BACKGROUND Total Employment Company, Inc. ("TEC") is an "employee leasing company" as defined by Florida Statutes § 468.520....

...oot. NOTES [1] The Government filed a motion to consolidate this appeal with an appeal in case number 8:03-cv-2122-T-30TGW. This Court grants the Government's motion and consolidates the appeals. [2] A "client company" is defined by Florida Statutes § 468.520(6) as "a person or entity which contracts with an employee leasing company and is provided employees pursuant to that contract." [3] Fla. Stat. § 468.520, et seq....

...We affirm the Agency's order as we conclude that TotalSource was the employer during this seven-month period and The Children's Trust was not the employer as a matter of law. TotalSource is a licensed employee leasing company pursuant to Part XI of Chapter 468, Florida Statutes (2004). Section 468.520(4), Florida Statutes (2004), defines "employee leasing" as "an arrangement whereby a leasing company assigns its employees to a client and allocates the direction *1011 of and control over the leased employees between the leasing company and the client." § 468.520(4), Fla....

...engaged in any employment under any appointment or contract for hire.” § 440.02(15)(a), Fla. Stat. An “employee leasing company” is defined as “a sole proprietorship, partnership, corporation, or other form of business entity engaged in employee leasing.” § 468.520(5) Fla. Stat. Moreover, “employee leasing” is defined as “an arrangement whereby a leasing company assigns its employees to a client and allocates the direction of and control over the leased employees between the leasing company and the client.” § 468.520(4), Fla. Stat....