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SWARTOUT v. LEWIS & ASSOC. DEV. CORP.

No. 88-2119.

548 So.2d 804 (1989)

Rollie SWARTOUT, Appellant, v. LEWIS & ASSOCIATES DEVELOPMENT CORP. and Executive Risk Consultants, Inc., Appellees.

District Court of Appeal of Florida, First District.

September 6, 1989.

Attorney(s) appearing for the Case

E. Hugh Chappell, Jr. and Richard A. Beauchamp of Chappell & Brandt, P.A., Fort Lauderdale, for appellant.

Henry T. Wihnyk of Conroy, Simberg & Lewis, P.A., Hollywood, for appellees.

NIMMONS, Judge.

In connection with a January 1987 industrial accident, the claimant appeals the deputy commissioner's ruling that he is not a statutory employee of Lewis & Associates, the contractor, under Section 440.10(1), Florida Statutes (Supp. 1986).1 We reverse.

Appellant and his wife operate R & D Cleaning Service, Incorporated, which was formed as a sole proprietorship...

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