CONSTRUCTION EXEMPTIONS: A bullet dodged!

Sunday, May 8, 2005 | 0

MKRS Case Note: CONSTRUCTION EXEMPTIONS: A bullet dodged!

Claimant cannot defeat own exemption by alleging the required "oath" was not actually administered! Johnny Battle v. Gentry , Case No. 1D04-3507 (Fla. 1st DCA 3/17/ 2005).

This attempted "end around" (i.e., effort to avoid the consequences of) a lawfully filed exemption following serious injury was tried and actually succeeded at the JCC level. The matter was referred to us to challenge on appeal, and by its Order of March 27, 2005 -- a straight forward decision construing Florida's "first" statute, section 1.01, which is likely to be cited for some time to come as one of the few cases articulating the nature of the "oath" - - our 1st DCA has helped the construction industry dodge this potential new means of avoiding exemptions (given the propensity of some exempted employees to rethink their exemption following injury), especially after knowledge of the JCC 's order (obtained by former JCC DeMarko as Claimant's counsel) started circulating!

by H. George Kagan of the MKRS lawfirm. George can be reached by e-mail at GeorgeK@mkrs.com, or phone at 800.761.MKRS.

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