Michael v. Centex-Rooney Const. Co., Inc., CENTEX-ROONEY
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | PER CURIAM |
| Citation | 645 So.2d 133 |
| Parties | 19 Fla. L. Weekly D2388 Randall MICHAEL, Appellant, v.CONSTRUCTION CO., INC., f/k/a Frank J. Rooney, Inc., a Florida corporation, and Regal Kitchens, Inc., a Florida corporation, Appellees. |
| Decision Date | 16 November 1994 |
| Docket Number | No. 93-3459,CENTEX-ROONEY |
Page 133
CENTEX-ROONEY CONSTRUCTION CO., INC., f/k/a Frank J. Rooney,
Inc., a Florida corporation, and Regal Kitchens,
Inc., a Florida corporation, Appellees.
Fourth District.
Page 134
Jeffrey F. Mahl and Maureen M. Matheson of Reinman, Harrell, Graham, Mitchell & Wattwood, P.A., Melbourne, for appellant.
Paul M. Woodson of James E. Glass Associates, Miami, for appellee-Centex-Rooney.
PER CURIAM.
We affirm the trial court's summary final judgment in favor of appellee and approve and adopt the following language from that judgment:
The project involved in this dispute is the "Island Dunes Oceanside Phase II", located in Jensen Beach, Martin County, Florida (the "Project"). Rooney was the general contractor on the Project and entered into a Subcontract and Purchase Order on or about September 2, 1988, with Regal Kitchens, Inc., ("Regal"), wherein Regal was to furnish and install kitchen cabinets, counter tops, pass-through counters, bathroom vanities, etc., at the Project.
Michael worked for Regal, performing cabinet installation at the Project. Michael claims that he was injured on or about August 15, 1989, while performing cabinet installation for Regal at the Project. Michael further claims to have tripped over a broken tape measure while carrying buckets of tools up a stairwell at the Project.
Michael filed a workers' compensation claim with Regal and its workers' compensation carrier, Hewitt Coleman & Associates, for compensation for the alleged injuries. Regal and its workers' compensation carrier initially rejected the workers' compensation claim filed by Michael, predicated on the basis that Michael was allegedly acting as an independent contractor at the Project and was not an employee of Regal. Michael then submitted his workers' compensation claim against Regal to the State of Florida, Department of Labor and Employment Security, Office of Judge of Compensation Claims.
On May 27, 1992, the Judge of Compensation Claims ruled that Michael was an independent contractor rather than an employee of Regal and further ruled that Michael was not entitled to workers' compensation benefits. Michael thereafter undertook an appeal regarding the decision of the Judge of Compensation Claims.
Subsequently to Michael filing an appeal, Michael, Regal and Regal's workers' compensation carrier reached a lump sum
Page 135
settlement on Michael's workers' compensation claims and submitted a Joint Petition dated December 7, 1992, with an attached Affidavit from Michael dated December 3, 1992, to the Judge of Compensation Claims. Under the terms of the Joint Petition, Michael agreed to a lump sum settlement of Michael's workers' compensation claim in the amount of $6,500.00 in accordance with Florida Statu[t]es Sec. 440.20(12)(b). Michael specifically acknowledged in the Joint Petition that the lump sum settlement constituted "full and final Discharge" of Regal and its workers' compensation carrier's responsibility for workers' compensation benefits. The Judge of Compensation Claims entered an Order on January 20, 1993, approving the Joint Petition for lump sum settlement.Despite having received a lump sum workers' compensation settlement, Michael continues to pursue the instant litigation against Rooney.
....
In this particular case, Michael clearly elected his remedy when he voluntarily accepted a...
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Chiang v. Wildcat Groves, Inc., No. 96-04531
...768.31(2)(b). In support of their argument, the appellees relied principally on the cases of Michael v. Centex-Rooney Construction Co., 645 So.2d 133 (Fla. 4th DCA 1994), and State, Department of Transportation v. V.E. Whitehurst & Sons, Inc., 636 So.2d 101 (Fla. 1st DCA), review denied, 64......
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Lowry v. Logan, No. 94-76
...35 (Fla. 2d DCA 1981); Matthews v. G.S.P. Corp., 354 So.2d 1243 (Fla. 1st DCA 1978); Michael v. Centex-Rooney Construction Co., Inc., 645 So.2d 133 (Fla. 4th DCA Instructive on this point is this court's decision in Greene v. Maharaja of India, Inc., 485 So.2d 1329 (Fla. 1st DCA), rev. deni......
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Martin Electronics, Inc. v. Jones, No. 1D03-4091.
...457 So.2d at 1390. See Townsend v. Conshor, Inc., 832 So.2d 166, 167 (Fla. 2d DCA 2002); Michael v. Centex-Rooney Constr. Co., Inc., 645 So.2d 133, 135 (Fla. 4th DCA 1994); Ferraro v. Marr, 490 So.2d 188, 189 (Fla. 2d DCA 1986); Ferguson v. Elna Elec., Inc., 421 So.2d 805, 806 (Fla. 3d DCA ......
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Wheeled Coach Industries, Inc. v. Annulis, No. 5D02-3262.
...only when "the injured party actively pursues and receives workers' compensation benefits," quoting Michael v. Centex-Rooney Constr. Co., 645 So.2d 133, 135 (Fla. 4th DCA 1994). The court then cited several cases for the proposition that mere acceptance of workers' compensation benefits doe......
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Chiang v. Wildcat Groves, Inc., No. 96-04531
...768.31(2)(b). In support of their argument, the appellees relied principally on the cases of Michael v. Centex-Rooney Construction Co., 645 So.2d 133 (Fla. 4th DCA 1994), and State, Department of Transportation v. V.E. Whitehurst & Sons, Inc., 636 So.2d 101 (Fla. 1st DCA), review denied, 64......
-
Lowry v. Logan, No. 94-76
...35 (Fla. 2d DCA 1981); Matthews v. G.S.P. Corp., 354 So.2d 1243 (Fla. 1st DCA 1978); Michael v. Centex-Rooney Construction Co., Inc., 645 So.2d 133 (Fla. 4th DCA Instructive on this point is this court's decision in Greene v. Maharaja of India, Inc., 485 So.2d 1329 (Fla. 1st DCA), rev. deni......
-
Martin Electronics, Inc. v. Jones, No. 1D03-4091.
...457 So.2d at 1390. See Townsend v. Conshor, Inc., 832 So.2d 166, 167 (Fla. 2d DCA 2002); Michael v. Centex-Rooney Constr. Co., Inc., 645 So.2d 133, 135 (Fla. 4th DCA 1994); Ferraro v. Marr, 490 So.2d 188, 189 (Fla. 2d DCA 1986); Ferguson v. Elna Elec., Inc., 421 So.2d 805, 806 (Fla. 3d DCA ......
-
Wheeled Coach Industries, Inc. v. Annulis, No. 5D02-3262.
...only when "the injured party actively pursues and receives workers' compensation benefits," quoting Michael v. Centex-Rooney Constr. Co., 645 So.2d 133, 135 (Fla. 4th DCA 1994). The court then cited several cases for the proposition that mere acceptance of workers' compensation benefits doe......