Fidelity & Guaranty Insurance v. Polk County

ALTENBERND, Judge.

Fidelity and Guaranty Insurance Company and United States Fidelity and Guaranty Company (Fidelity) appeal a judgment declaring that Fidelity, and not Florida Mutual Insurance Trust (FMIT), is the workers’ compensation carrier responsible for paying benefits for an occupational disease suffered by an employee of Polk County. We conclude that the trial court erred because it did not apply the provisions of section 440.151(5), Florida Statutes (1999), 1 that clearly make FMIT responsible for this claim.

I. The Workers’ Compensation Claim

Zola Ann Ross worked as a registered nurse…