HOAR CONST. v. VARNEY

No. 90-3776.

586 So.2d 463 (1991)

HOAR CONSTRUCTION and Aetna Life & Casualty Co., Appellants, v. Forrest VARNEY, Appellee, v. MODERN DRYWALL and Pennsylvania National Mutual Casualty Insurance Co., Appellees.

District Court of Appeal of Florida, First District.

September 23, 1991.


Attorney(s) appearing for the Case

Paula F. Kelley, of Henderson, Franklin, Starnes & Holt, Fort Myers, for appellants.

No brief filed for appellee Varney.

Rex A. Hurley and William H. Rogner, Zimmerman, Shuffield, Kiser & Sutcliffe, P.A., Orlando, for appellees Modern Drywall and Pennsylvania Nat. Mut. Cas. Ins. Co.


WIGGINTON, Judge.

We reverse the order of the judge of compensation claims wherein he found claimant to be the actual employee or, in the alternative, a "special employee" of Hoar Construction. Contrary to the weight of case law, the JCC erroneously relied primarily on the fact that claimant had been placed on Hoar's payroll pursuant to an agreement between Modern Drywall, Hoar Construction and Lee County to avoid a licensure problem. However, the essential element...

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