Fred Stevens Tree Co. v. Harrison, No. 1D05-3203.

• Court: Court of Appeal of Florida (US)
• Writing for the Court: Per Curiam
• Citation: 944 So.2d 1109
• Parties: FRED STEVENS TREE COMPANY, Appellant, v. Scott HARRISON, AMS Staff Leasing and Aspen Administrators, Appellees.
• Docket Number: No. 1D05-3203.
• Decision Date: 28 November 2006

944 So.2d 1109 FRED STEVENS TREE COMPANY, Appellant,
v.
Scott HARRISON, AMS Staff Leasing and Aspen Administrators, Appellees. No. 1D05-3203. District Court of Appeal of Florida, First District. November 28, 2006. Rehearing Denied December 22, 2006.

V. Julia Luyster of Bernstein, Chackman & Liss and Edward F. Holodak, Hollywood, for Appellant.

Jane-Robin Wender of Wender & Associates, P.A., Delray Beach, for Appellee Scott Harrison.

William E. Gregory, Miami, for Appellee AMS Staff Leasing.

PER CURIAM.

In this workers' compensation appeal, Fred Stevens Tree Company (Fred Stevens) appeals an order of the Judge of Compensation Claims (JCC) determining

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that it, and not AMS Staff Leasing (AMS), was the employer of the claimant, Scott Harrison, and therefore required to pay all the benefits associated with Harrison's claim for benefits. The claimant argues that AMS was estopped from denying that claimant was its employee based on the course of dealing of the parties. The JCC erroneously declined to consider whether the doctrine of equitable estoppel could be applied to estop AMS from denying that Harrison is its employee. Accordingly, we reverse and remand for further proceedings.

Fred Stevens, a tree cutting service business, entered into an employee leasing agreement with AMS. Under this agreement, AMS employed the individuals working for Fred Stevens and leased them back to Fred Stevens. AMS processed the employee applications, paid payroll, and provided workers' compensation and employer liability insurance for the benefit of Fred Stevens. Their agreement required Fred Stevens to provide AMS with all employment paperwork prior to any new hire beginning work. Further, the agreement provided that if the paperwork was not provided prior to start, the new hire would not become an employee of AMS and therefore would not be covered by workers' compensation insurance.

Harrison executed his employment papers prior to starting work on May 10, 2004. The same day he began working for Fred Stevens, he fell from a ladder while trimming a tree and sustained serious injury. Fred Stevens faxed to AMS the claimant's application and other paperwork after the accident had occurred. AMS terminated its relationship with Fred Stevens and denied coverage for claimant, asserting that Fred Stevens had failed to adhere to the contract provision which required it to inform AMS of each new hire prior to having the employee begin work.¹ Petitions for benefits were filed against AMS and Aspen Administrators and Fred Stevens, which did not maintain workers' compensation insurance.²

Fred Stevens submitted evidence that, beginning with the first employee leased,...