Michael v. Centex-Rooney Const. Co., Inc., CENTEX-ROONEY
| Decision Date | 16 November 1994 |
| Docket Number | No. 93-3459,CENTEX-ROONEY,93-3459 |
| 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. |
| Court | Florida District Court of Appeals |
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.
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 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 settlement in the workers' compensation forum. That forum may, or may not, have afforded him a complete remedy for his unfortunate situation. Nonetheless, he affirmatively sought, and utilized it. He chose not to allow appellate consideration of a ruling adverse to him, but instead accepted the settlement benefits of a Chapter 440 case.
To allow continuation of a separate civil action in this Court for personal injuries under the circumstances existing in this case would clearly thwart the entire purpose for workers' compensation laws.
Nor, do I feel duty-bound to accept the decision of an administrative law judge as res judicata on the issue of employee status, where Michael himself did not accept it (as evidenced by his appeal) and then settled that issue by accepting the very same benefits he was originally seeking under Chapter 440.
In my opinion, Michael not only elected his remedies, but he accepted and received the benefits of that decision.
Where the injured party actively pursues and receives workers' compensation benefits, an election of remedies is found. See Mandico v. Taos Constr., Inc., 605 So.2d 850, 853 (Fla.1992); Ferraro v. Marr, 490 So.2d 188 (Fla. 2d DCA), rev. denied, 496 So.2d 143 (Fla.1986). On the other hand, where the injured party does not actively pursue such benefits, a factual determination is warranted regarding whether the injury was within the scope of employment. See Wishart v. Laidlaw Tree Serv., Inc., 573 So.2d 183 (Fla. 2d DCA 1991); Velez v. Oxford Dev. Co., 457 So.2d 1388 (Fla. 3d DCA 1984), rev. denied, 467 So.2d 1000 (Fla.1985). 1
The trial court's decision in this case is similar to the conclusion reached in a very short opinion by the third district based on an estoppel theory. See Ferguson v. Elna Elec., Inc., 421 So.2d 805 (Fla. 3d DCA 1982). The Ferguson court stated: Id. at 806 (citation omitted).
Applying the Ferguson rationale to the immediate case, appellant's active pursuit and acceptance of the workers' compensation benefits makes it...
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