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SMITH v. LARRY RICE CONST.

No. 97-3265.

730 So.2d 336 (1999)

Ralph D. SMITH, Appellant/Cross-Appellee, v. LARRY RICE CONSTRUCTION; Don Stine Construction and Florida Preferred Risk, Appellees, and Sunshine Companies and Compensation Benefits, Inc., Appellees/Cross-Appellants.

District Court of Appeal of Florida, First District.

Rehearing Denied April 27, 1999.

Attorney(s) appearing for the Case

Susan W. Fox of Macfarlane Ferguson & McMullen, Tampa, and H. Guy Smith of Smith & Feddeler, P.A., Lakeland, for Appellant/Cross-Appellee.

C. Robert Pickett of Waddell and Ready, P.A., Auburndale, for Appellee Larry Rice Construction.

David A. McCranie of McCranie & Lower, P.A., Jacksonville, for Appellees Don Stine Construction and Florida Preferred Risk.

Timothy A. Miller of Riden, Earle & Kiefner, P.A., St. Petersburg, for Appellees/Cross-Appellants Sunshine Companies and Compensation Benefits, Inc.

BENTON, J.

Ralph D. Smith appeals the denial of workers' compensation benefits he sought on account of a construction accident that left him paralyzed. The judge of compensation claims concluded that Mr. Smith was not a covered "employee," even though his certificate of exemption from workers' compensation coverage had expired by the time the accident occurred. On cross appeal, too, Sunshine Companies (Sunshine), who leased employees to a subcontractor, and Compensation...

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