Reversal of Denial of Summary Judgment on Workers’ Compensation Immunity

November 4, 2022

Orlando Partner Therese Savona recently received a written opinion from Florida’s Third District Court of Appeal reversing an order denying a motion for summary judgment based on workers’ compensation immunity. CSK represented a condominium association who, pursuant to their governing documents, contracted with a company to provide valet services. Pursuant to the contract, the condominium association acquired workers’ compensation insurance.

While a valet employee conducted his duties for the condominium association, he was injured when a plastic panel fell from the ceiling of a service elevator and hit his head. The valet filed a civil suit claiming negligence and premises liability and sought damages. The condominium association moved for summary judgment on the basis of workers’ compensation immunity from civil liability since the association was a statutory employer under Florida’s Workers’ Compensation law because the association sublet its duties under the declaration to the valet’s employer. The valet argued the association’s duties were not contractual but statutory under Florida’s Condominium Act. The trial court agreed with the valet and denied the association’s motion for summary judgment.

On appeal, the Third District disagreed with the trial court and reversed the denial of the summary judgment since the association was, in fact, a statutory employer and should be immune from civil liability.

Therese Savona
(321) 972-0071

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