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BOYD-SCARP ENTERPRISES, INC. v. SAUNDERS

No. AU-336.

453 So.2d 161 (1984)

BOYD-SCARP ENTERPRISES, INC. and State Farm Fire & Casualty Company, Appellants, v. Charlie SAUNDERS and D/B/a Saunders Electric and Commercial Union Insurance Company, Appellees.

District Court of Appeal of Florida, First District.

July 19, 1984.

Attorney(s) appearing for the Case

Lamar D. Oxford of Dean, Ringers, Morgan & Lawton, Orlando, for appellant.

Beth A. Ferguson of Meyers & Mooney, Orlando, for appellee/claimant.

Ronald S. Webster of Whittaker, Pyle, Stump & Webster, Orlando, for appellee/carrier.

SMITH, Judge.

The employer/carrier appeal a deputy commissioner's order granting workers' compensation benefits to claimant. The primary issue for our consideration is whether the deputy commissioner erred in finding that the claimant was a "statutory employee" of Boyd-Scarp Enterprises, Inc., pursuant to Section 440.10(1), Florida Statutes (1981), and was not an independent contractor. We disagree with the deputy commissioner's findings on this primary issue and...

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