Hume v. Thomason

WIGGINTON, Judge.

Claimant Hume appeals the deputy commissioner’s order dismissing with prejudice Hume’s claim for benefits because he had elected to maintain an action at law for damages on account of his injury, pursuant to section 440.11(1), Florida Statutes (1981). We affirm.1

When injured, Hume was working as a carpenter remodeling the Thomasons’ home. Eugene Thomason, acting as general contractor, was Hume’s employer but had failed to secure workers’ compensation insurance.2 Therefore, instead of filing a claim for compensation benefits, Hume pursued a civil remedy in circuit court,…