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SAFEHARBOR EMPLOYER SERVICES I, INC. v. VELAZQUEZ

No. 1D02-3380.

860 So.2d 984 (2003)

SAFEHARBOR EMPLOYER SERVICES I, INC., Appellant, v. Juan CINTO VELAZQUEZ, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied December 11, 2003.

Attorney(s) appearing for the Case

David A. Lamont, The Lamont Law Group, P.A., Clearwater and H. George Kagan, Miller, Kagan, Rodriguez & Silver, P.A., West Palm Beach, for Appellant.

Russell A. Dohan, Goldberg, Dohan & Katz, L.L.P. and Randy D. Ellison, West Palm Beach, for Appellee.

HAWKES, J.

We are asked to decide whether an illegal alien may receive benefits under Chapter 440, Florida Statutes (2002), in light of Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137, 122 S.Ct. 1275, 152 L.Ed.2d 271 (2002). We find that he can, and affirm.

Safeharbor Employer Services, Inc. argues that Hoffman preempts Florida law, and thus illegal aliens in Florida are precluded from receiving workers'...

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