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Monthly Archives: March 2015

16MAR 2015

Recently, the First DCA addressed the issue of dual employment as it relates to a contractor and subcontractor. See Roof Painting by Hartzell, Inc./Summit Holdings Claim Center v. Andres Hernandez, Colors Construction, Inc., and Guarantee Insurance Company, 2015 WL 641199, (Fla. 1st DCA 2015).

Dual employment occurs when a single employee is under a contract of hire with two separate employers. See Interstate Industrial Park v. Afterdeck Restaurant, 478 So. 2d 852, 854 (Fla. 1st 1985). Under the separate control of each employer, the employee performs services for each employer that are largely unrelated to the services it performs for the other.  Under the dual employment doctrine, two employers may be liable for workers’ compensation separately or jointly depending on severability of the employee’s activity at the time of injury. When the employee’s activities are separable and can be clearly identified with one employer or the other, the particular employer whose work was being done at the time of injury will be held exclusively liable.

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