Service American Indemnity Company/PMA Insurance Group and Robert B. Hess Racing, Inc. v. Bulfrano Andres Bahena

Summary

The Florida First District Court of Appeal affirmed an amended final compensation order holding that Bulfrano Andres Bahena met the statutory definition of an employee and did not qualify as an independent contractor under Florida’s Workers’ Compensation Law. The court concluded that competent, substantial evidence supported the Judge of Compensation Claims’ findings.

Holdings

1. The amended final compensation order was affirmed because competent, substantial evidence supported the finding that Bahena met the definition of employee under section 440.02(18)(a), Florida Statutes (2023).
2. The amended final compensation order was affirmed because competent, substantial evidence supported the finding that Bahena did not meet the definition of independent contractor under section 440.02(18)(d)1., Florida Statutes (2023).

Questions Presented

1. Whether competent, substantial evidence supported the Judge of Compensation Claims' findings that Bahena met the statutory definition of an employee.
2. Whether competent, substantial evidence supported the finding that Bahena did not meet the statutory definition of an independent contractor.

Disposition

affirmed