5D02-2070 Carnegie Gardens v. Banyai

State: Florida

Court: Florida Fifth District Court

Docket No: 5D02-2070

Case Date: 08/11/2003

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2003

CARNEGIE GARDENS NURSING CENTER, Appellant, v. CASE NO. 5D02-2070

MELISSA BANYAI, Appellee. / Opinion filed August 15, 2003. Non-Final Appeal from the Circuit Court for Brevard County, Harry Stein, Senior Judge. Jeremy K. Markman of Grower, Ketcham, Rutherford, Bronson, Eide & Telan, P.A., Orlando, for Appellant. W. Clay Mitchell, Jr. of Morgan, Colling, & Gilbert, P.A., Orlando, for Appellee. THOMPSON, J. Carnegie Gardens Nursing Center ("Carnegie Gardens") appeals an order summarily denying it's claim to worker's compensation immunity for an incident in which Melissa Banyai, a subcontractor employee, was injured on Carnegie Gardens' premises. We reverse. Melissa Banyai was an occupational therapist working at Carnegie Gardens pursuant to a contract between Carnegie Gardens and Banyai's employer, Novacare. At her deposition, Banyai testified that on

14 May 1998, when she finished working with a resident at Carnegie Gardens, she was walking down the main hallway of the facility and fell on a sticky spot. Banyai hurt her wrist and neck and subsequently needed surgery. At her deposition, Banyai testified that she had filed a suit for worker's compensation benefits and that her medical bills were being paid through worker's compensation. Banyai testified that it had been determined that she was permanently disabled and would receive disability benefits for the rest of her life. Banyai sued Carnegie Gardens for damages arising out of the fall, and Carnegie Gardens unsuccessfully moved for summary judgment arguing that it was an employer entitled to worker's compensation immunity. On appeal, Carnegie Gardens argues that it is entitled to worker's compensation immunity because Banyai was, in essence, its employee. Carnegie Gardens reasons that because Banyai received worker's compensation benefits from the staffing agency, Novacare, she is barred from pursuing a negligence suit against Carnegie Gardens. We agree. A contractor may be immune from suit where worker's compensation has been paid on behalf of the subcontractor. See Yero v. Miami-Dade County, 838 So. 2d 686, 687 (Fla. 3d DCA 2003) (holding the subcontract relationship made the main contractor a statutory employer of subcontractor's employees, and where subcontractor had secured worker's compensation for its employees and paid benefits to injured employee, contractor was immune to wrongful death suit); see also

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