10-1278 JAMES OWENS, v. CCJ AUTO TRANSPORT, FLEET CAR CARRIERS, PINNACOL ASSURANCE and ARGONAUT INSURANCE

State: Florida

Court: Florida First District Court

Docket No: 10-1278

Case Date: 03/02/2011

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JAMES OWENS, Appellant, v. CCJ AUTO TRANSPORT and FLEET CAR CARRIERS and PINNACOL ASSURANCE and ARGONAUT INSURANCE, Appellees. _____________________________/ Opinion filed March 2, 2011. An appeal from an order of the Judge of Compensation Claims. Ellen H. Lorenzen, Judge. Date of Accident: October 2, 2007. Joshua C. Nelson of Smith, Feddeler, Smith & Miles, P.A., Lakeland, Susan W. Fox of Fox & Loquasto, P.A., Tampa, and Wendy S. Loquasto of Fox & Loquasto, P.A., Tallahassee, for Appellant. Kevin E. Leisure and Hillarey A. McCall of the Law Offices Harbsmeier DeZayas, LLP, Lakeland, for Appellee Fleet Car Carriers; Brian C. Dowling of Goodman, McGuffey, Lindsey & Johnson, LLP, Orlando, for Appellee Argonaut Insurance; and Timothy A. Dunbrack and Richard Heinzman of Kelley, Kronenberg, Gilmartin, Fichtel, Wander, Bamdas, Eskalyo & Dunbrack, P.A., Orlando, for Appellee Pinnacol Assurance. PER CURIAM. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D10-1278

In this workers' compensation appeal, James Owens (Claimant), an individual injured in Georgia, challenges an order of the Judge of Compensation Claims (JCC) that concludes his contract of employment with the Employer was formed in Utah, not Florida, thereby removing his claims from coverage under the Florida Workers' Compensation Law. Because the facts as found by the JCC establish that Claimant's contract of employment was formed while Claimant was residing in Florida -- albeit for work to be performed mostly outside of Florida -and Claimant's acceptance of the Employer's offer (the last act necessary to form the contract) occurred in Florida, we reverse. Section 440.09(1)(d), Florida Statutes (2007), provides that the Florida Workers' Compensation Law covers accidents occurring under a contract of employment formed in Florida. See

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