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RAINWATER v. VIKINGS MEN'S HAIRSTYLING

No. QQ-244.

382 So.2d 1313 (1980)

James C. RAINWATER As Executor of the Estate of Dorothy Edna Rainwater, Appellant, v. VIKINGS MEN'S HAIRSTYLING and State Farm Fire & Casualty Insurance Company, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied May 21, 1980.

Attorney(s) appearing for the Case

Thomas R. Brown of Brown, Terrell & Hogan, and Robert P. Eshelman, II of Kattman & Eshelman, Jacksonville, for appellant.

John C. Taylor, Jr. of Mathews, Osborne, Ehrlich, McNatt, Gobelman & Cobb, Jacksonville, for appellees.

ERVIN, Judge.

This is an appeal from an order of the judge of industrial claims, denying the late Mrs. Rainwater's claim for compensation on the ground she was not an employee of Vikings Men's Hairstyling. We reverse. We conclude that the acceptance by the carrier of a workmen's compensation policy covering claimant as an employee constitutes a waiver of her exclusion from the act and operates to bring her under the employer's coverage. See Section 440.04(2), Florida...

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