WC Jurisdiction: Look to Where Contract for Hire was Formed

Wednesday, May 4, 2011 | 0

By Michael Rabinowitz
Banker Lopez Gassler

Jurisdiction cases are messy and very fact-intensive. Claimants who have out of state accidents offer confusing claims as to whether they are eligible for workers' compensation benefits. The key is Section 440.09(1)(d) which dictates that if a claimant is injured outside of this state, Florida workers' comp coverage only applies if the contracts of employment was made in Florida.

Of course, with out-of-state employment, the question arises: What is “made in Florida”?

In Owens v. CCJ Auto Transport, claimant executed a contract of hire to drive a tractor trailer truck across state lines. The job was to begin once claimant arrived in Utah.  The Employer paid for claimant to fly to Utah. The contract was offered, agreed upon and executed in Florida by claimant, where he resides.

However, the judge of compensation claims found that the employment did not begin until claimant actually arrived in Utah and began driving the truck back to Florida.  Based on 1960 case law, the JCC found that the contract of hire was not accepted by claimant until he arrived in Utah, hence there was no contract “made in Florida.”

The 1st District Court of Appeals reversed and distinguished this case from existing case law.Here, the facts are simple: the parties completed the contract in Florida, and the act of flying to Utah was part of the contract.  The contract was made in Florida. This is especially true when the actual job was to for claimant to drive to back to Florida.

When you have out-of-state accidents and claimants looking for benefits in Florida, be sure to review the details surrounding the contract of hire. 

Ask yourself the following questions:

   1. Does the claimant or the employer reside in Florida? Was the job offered in Florida?
   2. Was the employment principally located in Florida?
   3. Was the contract executed in Florida by at least one party?
   4. Was the job to be completed in Florida (like in Owens)?

If most or all of your answers to these questions tell you Florida, then Florida is your likely jurisdiction.

WorkCompCentral subscribers may download the 1st DCA's opinion by clicking the case title in the sidebar.

Michael Rabinowitz is a workers' compensation defense attorney for the Banker Lopez Gassler law firm in Tampa. This column was reprinted with his permission from his blog, http://workerscompblog.wordpress.com/