Swartout v. Lewis & Associates Development Corp.

NIMMONS, Judge.

In connection with a January 1987 industrial accident, the claimant appeals the deputy commissioner’s ruling that he is not a statutory employee of Lewis & Associates, the contractor, under Section 440.10(1), Florida Statutes (Supp.1986).1 We reverse.

Appellant and his wife operate R & D Cleaning Service, Incorporated, which was formed as a sole proprietorship in 1981. The effect of this arrangement was to exclude appellant from the definition of “employee” and therefore from coverage under the Workers’ Compensation Act unless he affirmatively elected such coverage.2 Appellant,…