Philyaw v. Arthur H. Fulton, Inc.

569 So. 2d 787, 1990 WL 154768
CourtDistrict Court of Appeal of Florida
DecidedOctober 10, 1990
Docket89-786
StatusPublished
Cited by4 cases

This text of 569 So. 2d 787 (Philyaw v. Arthur H. Fulton, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Philyaw v. Arthur H. Fulton, Inc., 569 So. 2d 787, 1990 WL 154768 (Fla. Ct. App. 1990).

Opinion

569 So.2d 787 (1990)

Rufus PHILYAW, Appellant,
v.
ARTHUR H. FULTON, INC., Liberty Mutual Insurance Company, and Division of Workers' Compensation, Department of Labor and Employment Security, Appellees.

No. 89-786.

District Court of Appeal of Florida, First District.

October 10, 1990.
Rehearing Denied December 5, 1990.

*788 Edward H. Hurt, Sr., of Hurt & Parrish, P.A., Orlando, and Bill McCabe of Shepherd, McCabe & Cooley, Longwood, for appellant.

Mark A. Massey of Daniel L. Hightower, P.A., Ocala, for appellees Arthur H. Fulton, Inc., and Liberty Mut. Ins. Co.

Ivy Cream Harris, General Counsel's Office, Dept. of Labor and Employment Sec., Tallahassee, for appellee Division of Workers' Compensation.

ZEHMER, Judge.

We review by appeal an order of the judge of compensation claims denying the employee's claim for benefits under the Florida workers' compensation statute for lack of jurisdiction over the parties and subject matter of the claim. The claimant, a resident of Georgia employed as a truck driver working principally out of Georgia and Virginia, sustained an injury while driving his employer's truck in the state of Florida and consequently received workers' compensation benefits under the Georgia statute. We hold that the judge has jurisdiction for the reasons hereafter discussed.

The parties stipulated to the following facts. On January 19, 1988, Rufus Philyaw was injured in an accident arising out of and in the course of his employment while operating a truck and trailer on Interstate Highway I-75 in Ocala, Florida. At the time of the accident, he was a resident of Leesburg, Georgia, and the employer's place of business was located and *789 "principally localized" in Steven City, Virginia. The employment contract was entered into while the claimant resided in Georgia and the employer resided in Virginia. At all times relevant, the claimant's work originated in or was localized in either Virginia or Georgia.

Philyaw filed a claim for all benefits due under chapter 440, Florida Statutes, subject to giving the employer and carrier credit for all workers' compensation benefits paid under the Georgia statute. The judge denied the claim, simply reciting in the order that he "does not have jurisdiction of the parties hereto and the subject matter hereof, in that all employment contracts were made without the State of Florida and the sole connection with Florida was that the Claimant was injured in Ocala, Marion County, Florida." He further concluded that the claimant "is not entitled to any workers' compensation benefits under the Workers' Compensation Act of the State of Florida."

Because the jurisdictional issue presented in this case is not specifically governed by any specific statutory provision in chapter 440 or any decision of the courts of Florida, we directed the Division of Workers' Compensation, as a party respondent to this appeal pursuant to section 440.271, Florida Statutes (1987), to present argument addressing the jurisdictional considerations in the interest of learning, among other things, whether the Division has adopted any policy or followed any particular practice regarding multiple jurisdiction and coverage of accidents occurring in this state to persons employed in other states and covered by another state's workers' compensation laws. The Division appeared and represented that it had no position on the issue, so we decide the case without the benefit of any input from the Division.

The claimant makes the following argument, briefly summarized, in support of his position on this appeal. He begins with the proposition that an employee injured while engaged in his employment within the state of Florida is entitled to benefits under the Florida workers' compensation act irrespective of where the claimant's residence or domicile is located, where the employment contract was made, or where the employer's principal place of business is located. No provision in the Florida act specifically precludes an employee injured while engaged in his employment in this state from recovering benefits under the Florida act because the claimant's domicile or residence is in another state, the contract of employment was made in another state, the principal place of business where the employee works is in another state, or the claimant is only temporarily in this state carrying out the duties of his employment. The claimant points out that Larson lists Florida as one of twenty-two states having workers' compensation laws that cover all in-state injuries. 4 Larson, Workmen's Compensation Law, § 87.13, n. 9 (1989). Likewise, Alpert's treatise on Florida workers' compensation law states that an employee who comes into this state to conduct his employer's business and sustains injuries is entitled to coverage under Florida law. Alpert, Florida Workers' Compensation Law, § 5-1 (4th ed. 1987).[1] The claimant notes that in the case of Carriers Insurance Co. v. LeRoy, 309 So.2d 35 (Fla. 3d DCA 1975), an Indiana resident employed by an Indiana company received workers' compensation benefits under the Florida statute when he was injured in a trucking accident in Florida.[2] Similarly, in Mobile Elevator Company v. White, 39 So.2d 799 (Fla. 1949), an employee working in Florida for an Alabama corporation that had no office or place of business in Florida was *790 nevertheless held entitled to benefits under the Florida act.[3] The claimant also explains that the United States Supreme Court and various state courts have held that a state has jurisdiction to award workers' compensation benefits to an employee injured within its boundaries irrespective of whether the employee is a resident of another state, the employer had offices in another state, the contract of employment was entered into in another state, and workers' compensation benefits may be recovered under the law of another state, citing among other cases, Pacific Employers Ins. Co. v. Industrial Accident Comm'n, 306 U.S. 493, 59 S.Ct. 629, 83 L.Ed. 940 (1939); Roynon v. Janet's Cleaning Service, 70 Md. App. 554, 521 A.2d 1271 (1987); Pickett v. Tryon Trucking Co., 214 N.J. Super. 76, 518 A.2d 500 (1986); Banks v. Carl Ott Pole and Piling, 440 So.2d 803 (La. App. 1983); and Burns v. Transcon Lines, 92 N.M. 791, 595 P.2d 761 (App. 1979). The claimant refers to policy reasons such as those mentioned in Pacific Employers concerning the interests of persons other than the employee, employer, and carrier that are usually implicated in workers' compensation claims, i.e., hospitals and physicians providing medical care in Florida that might be compelled to go to a foreign state to get paid, and witnesses to the accident in Florida.[4] The claimant cites de Cancino v. Eastern Air Lines, 239 So.2d 15 (Fla.

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Bluebook (online)
569 So. 2d 787, 1990 WL 154768, Counsel Stack Legal Research, https://law.counselstack.com/opinion/philyaw-v-arthur-h-fulton-inc-fladistctapp-1990.