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ARVIZU v. HEIGHTS ROOFING, INC.

No. 3D13-1339.

146 So.3d 1223 (2014)

Teresa ARVIZU, as Personal Representative of the Estate of Olegario Rincon, etc., Appellant, v. HEIGHTS ROOFING, INC., Israel J. Garcia, and Hector Cabrera, Appellees.

District Court of Appeal of Florida, Third District.

September 3, 2014.

Attorney(s) appearing for the Case

Friedman, Rodman & Frank, P.A., and Raquel Y. Reyes-Lao and Ronald D. Rodman , for appellant.

Cole, Scott & Kissane, P.A., and Scott A. Cole and Daniel M. Schwarz , Miami, for appellees.

Before ROTHENBERG, SALTER, and LOGUE, JJ.

PER CURIAM.

Although this case reflects a tragic workplace accident that cost Olegario Rincon his life, there was insufficient evidence that his supervisors acted with culpable negligence within the meaning of section 440.11(1)(b), Florida Statutes (2009), as is required to remove this case from the ambit of the laws of Worker's Compensation. See Fla. Dep't of Transp. v. Juliano, 864 So.2d 11, 16 (Fla. 3d DCA 2003) (holding...

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