McCOLLOUGH v. BUSH

No. 1D03-2193.

868 So.2d 1271 (2004)

Bruce McCOLLOUGH, Appellant, v. Melvin BUSH, d/b/a Bush Logging and American Interstate Insurance and J.E. Estes Wood Company and Meadowbrook Insurance Group, Appellees.

District Court of Appeal of Florida, First District.

March 26, 2004.


Attorney(s) appearing for the Case

Barry Silber of Barry Silber, P.A., Pensacola, for Appellant.

George W. Boring, III, Maitland, for Appellees Melvin Bush, d/b/a Bush Logging, and American Interstate Insurance.

Douglas F. Miller of Clark, Partington, Hart, Larry, Bond & Stackhouse, Pensacola, for Appellees J.E. Estes Wood Company and Meadowbrook Insurance Group.


WEBSTER, J.

In this workers' compensation case, the claimant seeks review of a final order denying compensability and dismissing his claims and petitions with prejudice based upon the determination that the claimant was not an "employee" for purposes of the workers' compensation act because he was not employed in the construction industry and his employer employed fewer than four people. Because we conclude that this case is controlled by section 440.10(1)(b), Florida...

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