Case Nos. 3D99-2650, 3D99-2606.
Opinion filed September 27, 2000. July Term, A.D. 2000.
Appeals from the Circuit Court of Miami-Dade County, Jon I. Gordon, Judge; Lower Tribunal No. 98-20500.
Miguel San Pedro, for appellant.
Clinton D. Flagg; Richard A. Sherman and Rosemary B. Wilder, for appellees.
Before SCHWARTZ, C.J., and FLETCHER and SHEVIN, JJ.
Affirmed. See Conklin v. Cohen, 287 So.2d 56 (Fla. 1973) (passive, non-participant owner not liable for general or sub-contractor employee injuries); Armenteros v. Baptist Hosp. of Miami, Inc., 714 So.2d 518 (Fla. 3d DCA 1998) (same); Reed v. Henry C. Beck Co., 510 So.2d 613 (Fla. 3d DCA) (contractor who sublets work to others becomes "statutory employer" entitled to worker's compensation immunity), rev. denied, 518 So.2d 1277 (Fla. 1987). Compare Turner v. PCR, Inc., 754 So.2d 683, 688 (Fla. 2000) (plaintiff must prove that "reasonable person would understand that the employer's conduct was `substantially certain' to result in injury or death to the employee" to prevail under worker's compensation immunity intentional tort exception.)
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.