Catalfumo Construction, LLC v. Varella

Catalfumo Construction, LLC d/b/a Sea-wood Builders (“Catalfumo”), appeals a non-final order in favor of the appellant, Linwood Varella, upon a finding that Ca-talfumo is not entitled to workers’ compensation immunity as a matter of law. We reverse the finding of the trial court upon the holding that Catalfumo is a statutory employer under section 440.11, Florida Statutes (2005), and is therefore entitled to workers’ compensation immunity.

The appellant, Varella, worked for RAMS, a subcontractor of Catalfumo, as an electrician. As he was going home on his bicycle out of the gate on the…