Legal Opinion · Dissent

Jenks v. Bynum Transport, Inc.

District Court of Appeal of Florida

Decided December 17, 2012No. 1D12-0628Published

1DissentThomas, J.

I respectfully dissent.

Coverage under the Florida Workers’ Compensation Law is predicated on the existence of an employment contract, whether oral or written, express or implied. See § 440.02(15)(a), Fla. Stat. (2010) (defining employee as person who receives remuneration under employment contract, whether express or implied, oral or written); see also § 440.09(1), Fla. Stat. (2010) (providing that employer is required to secure compensation for employees). The Legislature has drawn the textual boundaries of coverage under the Workers’ Compensation Law and, under its plain language, the…

2Cases cited13 opinions

  1. Hercules, Inc. v. United StatesSupreme Court of the United States · 1996
  2. Baltimore & Ohio Railroad v. United StatesSupreme Court of the United States · 1923
  3. Commerce v. EquityDistrict Court of Appeal of Florida · 1997
  4. Blackhawk Heat. & P. Co., Inc. v. Data Lease Fin. Corp.Supreme Court of Florida · 1974
  5. Gendzier v. BieleckiSupreme Court of Florida · 1957

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