Ficocelli v. Just Overlay, Inc.

In this workers’ compensation appeal, Kurt Ficocelli, Sr., the claimant below, appeals an order of the Judge of Compensation Claims (JCC) determining that his employer, Just Overlay, Inc., appellee, was not engaged in the construction industry and that, since Just Overlay did not employ four or more employees, it was not required to provide workers’ compensation coverage for Ficocelli. Because we conclude that the business activities of Just Overlay were within the “construction industry” as defined in section 440.02(8), Florida Statutes (2004), and the rule promulgated thereunder, we hold…