This case concerned workers’ compensation immunity. Gansner and Carter were employees of Zachry Industrial, with whom Tampa Electric Co. had contracted to provide maintenance work at a power station. The underlying suit stemmed from an accident that occurred at the power station in which Gansner and Carter were injured; both sued Tampa Electric for their injuries. Tampa Electric argued it was entitled to workers’ compensation immunity and filed a motion for summary judgment on this defense and others. Tampa Electric argued that it was the “statutory employer” of Gansner and Carter pursuant to section 440.10(1)(b), Florida Statutes, and as such, their exclusive remedy was workers’ compensation benefits that they had received from their employer, Zachry Industrial.
The trial court denied the motion. The Second District Court of Appeal initially affirmed on the basis that Tampa Electric did not contractually sublet a part of its work to Zachry Industrial within the meaning of section 440.10(1)(b) and thus was not a “statutory employer” entitled to workers’ compensation immunity. The appellate court rejected Tampa Electric’s arguments that that it had an obligation to its customers to maintain its electrical generating equipment pursuant to its tariff and that it sublet that obligation to Zachry Industrial.
Tampa Electric moved for rehearing and the Florida Justice Reform Institute filed an amicus curiae brief in support of that request. The Institute argued that the plain language of the “statutory employer” provision extended to these circumstances.
The Second District granted rehearing and reversed, substituting its prior opinion with one that agreed with Tampa Electric and the Institute. It held that Tampa Electric had an implicit contractual obligation to maintain its equipment under its tariff because maintaining that equipment is essential to its fulfillment of its explicit obligation to supply electricity. Therefore, when Tampa Electric subcontracted maintenance work to Zachry Industrial, it sublet to Zachry Industrial this implied obligation and Tampa Electric was thus a “statutory employer” entitled to workers’ compensation immunity.
FJRI represented by Tiffany Roddenberry of Holland & Knight, LLP and William W. Large.