The 2023 Florida Statutes (including Special Session C)
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. . . See § 440.11, Fla. Stat. . . . immunity because the employee is entitled to benefits would be to render this statutory provision [ § 440.11 . . . Those fellow employees are currently immune from suit for negligence under section 440.11(1), Florida . . .
. . . See § 440.11, Fla. Stat.; Fla. R. Civ. P. 1.110. . . .
. . . From Criminal Acts Exception to Worker's Compensation Employer/Manager Immunity Provided in Section 440.11 . . . From Criminal Acts Exception to Workers' Compensation Employer/Manager Immunity provided in Section 440.11 . . . Section 440.11(1)(b), Florida Statutes, provides that workers' compensation is the exclusive remedy in . . . See § 440.11(1)(b), Fla. Stat. . . . However, section 440.11(1)(b) does not declare that criminal conduct by a corporate officer constitutes . . .
. . . immunity under the intentional tort exception of the Florida Workers' Compensation Act set forth at § 440.11 . . . course of his managerial and policy-making duties undertaken on behalf of the corporation pursuant to § 440.11 . . . maximum penalty which may be imposed does not exceed 60 days' imprisonment as set forth in s. 775.082. § 440.11 . . . Sanchez's death and thereby forfeited workers' compensation immunity under operation of § 440.11(1)(b . . . Under Section 440.11(b)(2), Fla. . . .
. . . However, section 440.11(1)(b) of the Florida Statutes (2013) creates an exception to workers' compensation . . . The statute reads, in relevant part, as follows: 440.11 Exclusiveness of liability.- (1) The liability . . . when such acts result in injury or death or such acts proximately cause such injury or death .... § 440.11 . . .
. . . 542 So.2d 441, 442 (Fla. 5th DCA 1989) (stating that "the exclusivity provision set forth in section 440.11 . . .
. . . 542 So.2d 441, 442 (Fla. 5th DCA 1989) (stating that "the exclusivity provision set forth in section 440.11 . . .
. . . . § 440.11(1), Fla. . . . The question is whether Appellees qualify for tort immunity under section 440.11. . . . Weber defended against the action based on the immunity provisions in section 440.11, Florida Statutes . . . compensation coverage does not equate to his ability to circumvent the immunity protections of section 440.11 . . .
. . . . § 440.11. We affirm. I. BACKGROUND Payne was a delivery driver for J.B. Hunt. . . . Stat. § 440.11. Payne responded that J.B. Hunt was es-topped from raising this defense. . . . Stat. § 440.11. . . .
. . . because the record conclusively shows that Waste Management was immune from liability pursuant to section 440.11 . . . Standard Industry Code Industry Number 7363 is incorporated through section 440.11(2), Florida Statutes . . . employer, and, for the purposes of this section, shall be treated as any other employee of the employer. § 440.11 . . .
. . . . § 1-440.11 permits the amendment of an affidavit for attachment at any time before judgment is entered . . . Stat. § l-440.11(c) (1947). Compliance with Rule 65 in Obtaining the TRO 60. . . .
. . . See §§ 440.09(1); 440.11, Fla. Stat. . . . See § 440.11, Fla. Stat. (emphasis added). . . .
. . . . § 440.11. . . . Stat. § 440.11(l)(a). . . . Stat. § 440.11(l)(a). . . .
. . . asserted by the [defendants is subject to the unrelated works exception contained within [section] 440.11 . . . “[S]ection 440.11(1) provides that this liability is ‘exclusive and in place of all other liability’ . . . (quoting § 440.11(1)). This exception is known as the unrelated works exception. . . . contractor on such contract work and is protected by the exclusiveness-of-liability provisions of s. 440.11 . . . that because they are not employees of the same employer, the unrelated works exception in section 440.11 . . .
. . . law, Chapter 440, effective October 1, 2003[,] is facially unconstitutional as long as it contains § 440.11 . . .
. . . erred in its determination that workers’ compensation immunity applies to Sacred Heart under section 440.11 . . . ground that Sacred Heart, as Mathis’ statutory employer, was immune from civil liability under section 440.11 . . . Whether the workers’ compensation immunity of section 440.11(1) applies to Sacred Heart depends on whether . . . subcontracted such work to Coverall, then it is entitled to the worker’s compensation immunity of section 440.11 . . .
. . . Plaintiff contends that his claim “arises under” Florida Statutes § 440.06 and § 440.11(1). . . . Similarly, Florida Statute § 440.11(l)(a) provides, The liability of an employer ... shall be exclusive . . . Stat..§ 440.11(l)(a). . . . The exclusivity of the FWCL is subject to two narrow exceptions enumerated by Florida Statute § 440.11 . . . Stat. § 440.11(1)(a)-(b). . . .
. . . Arch and Active Staffing under the exception to worker’s compensation immunity located . in section 440.11 . . .
. . . . § 440.11(1), Fla. Stat. (2014). . . . negligence, or (2) the employee and the injured employee “are assigned primarily to unrelated works.” 440.11 . . . Compare § 440.10(e) with § 440.11(1). . . . Accordingly, we hold that the current versions of sections 440.02(15)(c), 440.10(e), and 440.11, when . . . (amending § 440.11(1)). . . .
. . . See §§ 440.10(l)(b), 440.11(1), Fla. Stat. (2010). . . . is made “exclusive and in place of all other liability ... of such employer ... to the employee.” § 440.11 . . .
. . . Estate filed suit against the Contractor under the exception for intentional torts found in section 440.11 . . .
. . . The State of Florida appeals a final summary judgment determining that section 440.11, Florida Statutes . . . a procedurally proper vehicle for the trial court’s assessment of the. constitutionality of section 440.11 . . . To this point, no party had raised an issue relating to the constitutionality of section 440.11. . . . allegations and an additional (fourth) count seeking a declaratory judgment that sections 440.09 and 440.11 . . . It therefore cannot be the exclusive remedy. § 440.11 is constitutionally infirm and invalid.” . . .
. . . Estate filed suit against the Contractor under the exception for intentional torts found in section 440.11 . . .
. . . . § 440.11(1). . . .
. . . See generally § 440.11(1), Fla. . . . See generally § 440.11(1), Fla. Stat. . . . workers’ compensation exclusion as follows: because “[t]he ‘employer’s liability’ is pursuant to section 440.11 . . . to recover damages from such employer at law or in admiralty on account of such injury or death.” § 440.11 . . .
. . . . § 440.11, Fla. Stat. (2011). . . .
. . . Because we find the trial court correctly found that Airguide was entitled to immunity under section 440.11 . . . under common law doctrine or was an employee of a help supply services company as provided in section 440.11 . . . Because Airguide is clearly a help supply services company under section 440.11(2), we affirm the trial . . . In addition to the common law “borrowed servant” doctrine, section 440.11(2) of the Florida Statutes . . . Subsection 440.11(2) also incorporates NAICS Code 561330. . . .
. . . Because section 440.11(1) of the Florida Statutes makes the liability to secure compensation imposed . . . See § 440.11(1), Fla. Stat. (2013); Walker v. . . . Section 440.11 provides that the liability established in section 440.11 is “exclusive.” . . . The exclusiveness of liability provided for by section 440.11 extends to an employer’s “liability” as . . . Stat. (2013); § 440.11(1), Fla. Stat. (2013). . . .
. . . As a result of Turner, the Legislature amended the exception language by enacting section 440.11(1)(b . . . After the court found that the section 440.11(l)(b)2. exception applied, the jury awarded the plaintiff . . . The employee sued the employer, asserting the section 440.11(1)(b)2. exception to workers’ compensation . . . The standard set forth in section 440.11(l)(b)2. requires events to be viewed retrospectively in order . . . Haines's contentions that Appellees failed to establish the other elements required by section 440.11 . . . .”§ 440.11(l)(b)2., Fla. Stat. (2010). . . . See § 440.11, Fla. Stat. . . .
. . . insufficient evidence that his supervisors acted with culpable negligence within the meaning of section 440.11 . . .
. . . of material fact, and that Defendants were entitled to worker’s compensation immunity under section 440.11 . . . Under section 440.11(1), Florida Statutes (2008): The liability of an employer prescribed in s. 440.10 . . . be entitled to immunity under either scenario unless one of the few exceptions, provided in section 440.11 . . . See also, § 440.11(1), Fla. Stat. (2008). . . . As an officer of both companies, he would be entitled to immunity under section 440.11(1) (absent any . . .
. . . . § 440.11(1), Fla. Stat. (2012). . . .
. . . . § 440.11(1). . . .
. . . brought under the intentional tort exception to workers’ compensation immunity as set forth in section 440.11 . . . on workers’ compensation immunity, noting that the intentional tort exception set forth in section 440.11 . . . stringent” virtual certainty standard required to overcome an employer’s statutory immunity under section 440.11 . . .
. . . In Sunspan, the Florida Supreme Court held that section 440.11(1), Florida Statutes, the exclusive remedy . . . party’s claim for common law indemnification against a negligent employer is not barred by section 440.11 . . . Further, section 440.11(1) is also unconstitutional to the extent that it functions to immunize an employer . . . contractor; rather, the subcontractor is protected by the exclusive liability provisions of section 440.11 . . . See § 440.11(1), Fla. Stat. (2008). . . . .
. . . . § 440.11). . . . The “gross negligence” and “unrelated works” exceptions found in section 440.11(l)(b)(2) are inapplicable . . . Stat. § 440.11(1)(b)(2) (excluding from immunity supervisors who are grossly negligent in the course . . . Mattheus, 529 So.2d 727 (Fla. 2d DCA 1988), another case that dealt with section 440.11(1)(b)(2), the . . . Stat. § 440.11(1)(b). . . .
. . . the same project or contract work ... is protected by the exclusiveness-of-liability provisions of s. 440.11 . . .
. . . See § 440.10(1)(e)(2); see also § 440.11(1)(b)(2). To establish gross negligence, Mr. . . . employees of another subcontractor ... and is protected by the exclusiveness of liability provisions of s. 440.11 . . .
. . . We agree that Publix, the employer, is entitled to immunity under section 440.11 because the employer . . . to overcome the workers’ compensation immunity afforded Publix under the 2003 amendments to Section 440.11 . . . Section 440.11, Florida Statutes, provides the limitations on immunity for employers: The liability of . . . so as to prevent the employee from exercising informed judgment about whether to perform the work. § 440.11 . . . Section 440.11(1), Florida Statutes, provides: The same immunities from liability enjoyed by an employer . . .
. . . (“SLMA”), and both asserted they were entitled to employer immunity under section 440.11,- Florida Statutes . . . both SLMA and Sandy Lane Residential were entitled to worker’s compensation immunity under section 440.11 . . .
. . . . § 440.11(1)); see also Ruiz v. Aerorep Grp. . . . Stat. § 440.11(l)(b)(l); or (2) the employer’s conduct is “substantially certain” to injure the employee . . . Stat. § 440.11(l)(b)(2). . . .
. . . immunity from this suit under the Florida Workers’ Compensation Act, and this action is barred by Section 440.11 . . . Finally, the first line of section 440.11(1), Florida Statutes (2006), states: The liability of an employer . . .
. . . 952 (Fla. 1st DCA 2013), immunity was properly claimed under section 440.10(1), rather than section 440.11 . . .
. . . that to avoid the statutory immunity from suit provided in the Workers’ Compensation Law at section 440.11 . . . 440.10(1), Florida Statutes, and was thus entitled to the immunity from civil suit granted by section 440.11 . . . See § 440.11(l)(b), Fla. Stat. . . . Tenbroeck, 399 So.2d 57 (Fla. 3d DCA 1981), and upon which section 440.11(1) immunity applies, and the . . . (1), with the section 440.11(l)(b) intentional tort exception. . . .
. . . The accident occurred on August 23, 2005, and is controlled by section 440.11(l)(b)(2), Florida Statutes . . . failed to present “clear and convincing evidence” of each of the three indispensible elements in Section 440.11 . . . PCR, Inc., 754 So.2d 683 (Fla.2000), when it amended Section 440.11 to codify the “intentional tort exception . . . so as to prevent the employee from exercising informed judgment about whether to perform the work. § 440.11 . . . A civil personal injury lawsuit by an employee against an employer under section 440.11 was intended . . .
. . . issues of fact remained as to whether he met the exception for employer immunity set forth in section 440.11 . . . disputed issues of material fact on the question of whether it was entitled to immunity under section 440.11 . . . Section 440.11, Florida Statutes, provides for immunity of an employer from personal injury suits for . . . so as to prevent the employee from exercising informed judgment about whether to perform the work. § 440.11 . . . identifying a known danger, was virtually certain to result in injury or death to the employee.” § 440.11 . . .
. . . . § 440.11(1) (providing that workers’ compensation is generally an employee’s exclusive remedy to recover . . . Stat. § 440.11(b). . . .
. . . nonfinal order denying an employer, Ocean Reef Club, Inc., the benefit of immunity from suit under section 440.11 . . . again with some modest exceptions typically centered around injuries caused by an intentional tort. § 440.11 . . . Florida's Worker’s Compensation Law because of the appearance of the rarely used option found in section 440.11 . . . See § 440.11(1 )(b), Fla. Stat. (2006). . . . See § 440.11(l)(a), Fla. Stat. (2005). We disagree based on the facts of these cases. . . .
. . . . § 440.11, provides the exclusive legal remedy for on-the-job injuries suffered by workers in Florida . . . Stat. § 440.11(1), (4). . . .
. . . Plaintiffs claim is barred as a result of workers’ compensation immunity pursuant to Florida Statute 440.11 . . . Mena moved for partial summary judgment, arguing that under section 440.11(l)(a), Florida Statutes (2008 . . . it should be estopped from claiming it is entitled to worker’s compensation immunity under section 440.11 . . . Section 440.11, Florida Statutes, provides that a defendant “may not plead” these defenses in an employee . . . ’s action at law following his or her employer’s failure to secure payment of compensation. § 440.11( . . .
. . . See § 440.11, Fla. Stat. (2006); Jones v. Martin Elecs., Inc., 932 So.2d 1100, 1104 (Fla.2006). . . .
. . . Combined application of sections 440.10 and 440.11 of Florida’s Workers’ Compensation Act operates to . . . Section 440.11 of the Florida Statutes meanwhile provides that, in exchange for the contractor’s statutory . . . , the contractor receives immunity from negligence liability for injuries suffered by any employee: 440.11 . . . recover damages from such employer at law or in admiralty on account of such injury or death ... § 440.11 . . .
. . . either the common law borrowed servant doctrine or statutory special employment, pursuant to section 440.11 . . .
. . . The trial court ruled that SET had immunity from suit under section 440.11(2), Florida Statutes (2006 . . . Fos-sett and other temporary employees to work for SET, SET was immune under section 440.11(2) from liability . . . Section 440.11 provides, in relevant part: (1) The liability [for workers’ compensation benefits] of . . . On the date section 440.11(2) took effect— October 1, 1989, see ch. 89-289, § 8, at 1749-50, 1786, Laws . . . The “general supervision” section 440.11(2) contemplates, in incorporating OSHA Standard Industry Code . . .
. . . See § 440.11(1), Fla. . . .
. . . sufficient facts to establish common law tort claims, the Florida Workers’ Compensation Act, §§ 440.015 and 440.11 . . . Section - 440.11 states that workers’ compensation is the exclusive remedy “in place of all other liability . . . See § 440.11(b). . . . See § 440.11(b)l and 2. . . . See § 440.11(b). . . .
. . . appellee-employee for injuries in a construction accident as a matter of law, see sections 440.02(15)(c)(3); 440.11 . . .
. . . proclamation that the liability of a carrier to an employee shall be “as provided” by chapter 440 (see section 440.11 . . . Cf. § 440.11(4), Fla. . . .
. . . .” § 440.11(l)(b), Fla. Stat. (2008). . . . [for an employee’s] injury or death.” § 440.11(1), Fla. Stat. (2008). . . . Apparent Conflict Between the Act and the WQAA Sections 873.313(3) and 440.11(1), Florida Statutes, appear . . . Section 440.11(1) makes workers’ compensation the “exclusive” remedy for an employee’s injuries, “in . . . Thus, section 440.11(1) would afford General Dynamics workers’ compensation immunity from Plaintiffs’ . . .
. . . . § 440.11(1) and (4). . . .
. . . . § 440.11, Fla. Stat. (Supp.1990). . . .
. . . court rejected appellants’ argument that the intentional tort exception to employer immunity, section 440.11 . . . Section 440.10 sets forth the employer’s liability for compensation, and section 440.11(1) provides that . . . Section 440.11(l)(b), sets forth the so-called intentional tort exception to workers’ compensation immunity . . . Court has explained the exception, as follows: The immunity afforded to the employer under section 440.11 . . . Miami-Dade County, 928 So.2d 1163, 1167 (Fla.2006)(italics removed) (quoting § 440.11(1), Fla. . . .
. . . Derosins its employee, were immune from tort liability under the 2001 version of sections 440.10(1) and 440.11 . . . See §§ 440.10(1) and 440.11, Fla. Stat. (2001). Summary judgment was granted. . . . contractor on such contract work and is protected by the exclusiveness-of-liability provisions of s. 440.11 . . . 2003-412 of the Laws of Florida set an effective date of October 1, 2003 for an amendment to section 440.11 . . . Section 440.11 of the Florida Statutes (2001) provides, in relevant part: The liability of an employer . . .
. . . The allegations closely tracked the language in section 440.11(l)(b), Florida Statutes (2006), which . . . so as to prevent the employee from exercising informed judgment about whether to perform the work. § 440.11 . . . There, we stated that even if, as provided by section 440.11(l)(b), a complaint alleges conduct by a . . . Unfortunately, this ease, like Dugger, is one in which the provisions of sections 440.11(1) and 768.28 . . .
. . . See § 440.11(l)(b), Fla. Stat. (2009). . . . See F.S. 440.11 (2003) (codifying intentional tort exception to workers’ compensation immunity and modifying . . .
. . . the finding of the trial court upon the holding that Catalfumo is a statutory employer under section 440.11 . . . We find that Catalfumo is a statutory employer as defined in section 440.11, Florida Statutes (2005), . . .
. . . See § 440.11(1), Fla. Slat. (2006); Cabrera v. T.J. . . .
. . . . § 440.11 (an employer’s liability to an employee “shall be exclusive and in place of all other liability . . .
. . . subject to the exclusive liability provisions of Florida’s workers’ compensation statutes, section 440.11 . . . See § 440.11(l)(b), Fla. Stat. (2006). . . . summary judgment, contending that it was entitled to immunity from Gall’s tort suit pursuant to section 440.11 . . .
. . . . § 440.11(1). Schratter Foods argues that through the Ortiz v. . . . Stat. § 440.11(1). . . . tortfeasor-employee would not be an insured because his acts, if they fit into the categories described in § 440.11 . . .
. . . See §§ 440.10(l)(b), 440.11, Fla. Stat. (2004); Dunlap v. . . .
. . . The trial court granted summary judgment based upon workers’ compensation immunity under section 440.11 . . . See § 440.11(l)(a), Fla. Stat. (2005). . . . was not estopped from asserting immunity from suit pursuant to the exclusivity provision of section 440.11 . . . Section 440.11(1) provides: (1) The liability of an employer prescribed in s. 440.10 shall be exclusive . . .
. . . See, e.g., § 440.11(l)(b), Fla. Stat. (2007) (the intentional tort exception). . . . contractor on such contract work and is protected by the exclusiveness-of-liability provisions of s. 440.11 . . . of proof, then the Appellants are protected by the exclusiveness-of-liability provision in section 440.11 . . . giving same-project subcontractors protection under the exclusiveness-of-liability provision in section 440.11 . . . Smith, 359 So.2d 427 (Fla.1978), the Florida Supreme Court held that section 440.11, Florida Statutes . . .
. . . .” § 440.11(1). . . . both the contractor and the subcontractor are entitled to workers’ compensation immunity under section 440.11 . . . Doug Ross and Central Florida Lumber would be entitled to workers’ compensation immunity under section 440.11 . . . cannot be applied to void the contract so as to preclude workers’ compensation immunity under section 440.11 . . . cannot be applied to void the contract so as to preclude workers’ compensation immunity under section 440.11 . . .
. . . therefore immune from all other liability on account of the employee’s injury or death under section 440.11 . . . Under section 440.11(l)(b), the employer’s actions “shall be deemed to constitute an intentional tort . . . an action against the employer for conduct rising to the level of an intentional tort under section 440.11 . . . where the accident occurred was “virtually certain to cause injury or death” as required by section 440.11 . . . and that the complaint did not sufficiently allege an “intentional tort” as contemplated by section 440.11 . . .
. . . Saleeby’s case turned on whether Elson was immune from tort liability as an employer pursuant to section 440.11 . . . See § 440.11(1), Fla. Stat. (2003). . . . . See § 440.11(1), Fla. Stat. (1999). . . .
. . . Shova, 630 So.2d 537, 539 (Fla.1993) (citing § 440.11(1), Fla. Stat.); see also Ruiz v. . . . either pursuing workers' compensation claims directly against Williams, or suing Williams in tort. § 440.11 . . .
. . . (quoting § 440.11(1 )(b)(2), Fla. Stat. (2003)). . . .
. . . See § 440.11(2), Fla. Stat. (2002). . . . See § 440.11. . . .
. . . contractor on such contract work and is protected by the exclusiveness-of-liability provisions of s. 440.11 . . . See §§ 440.10(l)(a) & 440.11, Fla. Stat. (2004). . . .
. . . See § 440.11(1) Fla. . . . Stat. (2002) (excepting from immunity two groups of individuals immunized by section 440.11(1) along . . . Pavement correctly argues, is the criminal acts exception recognized in section 440.11(1) of the Florida . . . Statutes. § 440.11(1), Fla. . . . We employ the "substantial certainty” standard because Acosta was killed in July 2003 before section 440.11 . . .
. . . denying its motion for summary judgment, wherein it argued workers’ compensation immunity under section 440.11 . . . Arden thereafter filed a motion for summary judgment asserting immunity under section 440.11(1), which . . . When an employer commits an intentional tort that causes the injury or death of the employee.... § 440.11 . . . Although it appears that neither Belance nor section 440.11(3), Florida Statutes (2004) applies here, . . . Thus, Holdings’ reliance on section 440.11(3) is misplaced as section 440.11(3) does not grant immunity . . .
. . . . § 440.11(l)(a)-(b), Fla. Stat. (2001) (emphasis supplied). . . . constitute an explicit exception, it would have been explicit and most probably included under section 440.11 . . .
. . . See § 440.11(1), Fla. . . . See § 440.11(1)(b). Mr. Montiel sued for simple negligence. . . .
. . . See § 440.11, Fla. Stat. (2000). . . .
. . . See § 440.11(1), Fla. Stat. (1997). Seaboard Coast Line R.R. Co. v. . . . Smith, 359 So.2d 427, 429-30 (Fla.1978) (upholding constitutionality of section 440.11(1) and holding . . . employer has paid workers’ compensation benefits for accident and is immune from suit under section 440.11 . . .
. . . For example, section 440.11(1)(a), Florida Statutes (2004), allows Claimant to bring a claim against . . .
. . . . § l-440.11(b). A. . . . Id. § 1 — 440.11(a)(2)(b), (b). . . . Gen.Stat. § l-440.11(a), (b). . . . Gen.Stat. § 1-440.11(a). . . . See id. § l-440.11(a)(l), (b). . . .
. . . Subsection (2) of section 440.11, “Exclusiveness of Liability,” Florida Statutes, provides in relevant . . . For the purposes of section 440.11, “any other employee” of the employer is not subject to an employer . . . See § 440.11(1), Fla. Stat. . . . In sum, section 440.11(2) “creates a rebuttable presumption that a special employer using the services . . . (citing § 440.11(2), Fla. Stat.)). . . .
. . . Section 440.11 of the Florida Statutes (2001), entitled “Exclusiveness of liability,” provides general . . . immunity, including situations where the employer “fails to secure payment as required by this chapter,” § 440.11 . . . “[w]hen an employer commits an intentional tort that causes the injury or death of the employee,” § 440.11 . . . charged, for which the maximum penalty which may be imposed does not exceed 60 days’ imprisonment ....”§ 440.11 . . . implied end runs around the legislatively authorized exceptions to employer immunity found in section 440.11 . . .
. . . Orr, 889 So.2d 961 (Fla. 1st DCA 2004); see § 440.11, Fla. Stat. (2000). . . . .” § 440.11(2). . . . However, section 440.11(2) does not require this level of precision. . . . .” § 440.11, Fla. Stat. (2002). . . . See Feraci, 315 F.Supp.2d at 1205 n. 11 (citing § 440.11 (l)(b), Fla. Stat. (2003)). . . .
. . . affirmative defense of immunity on the ground that TSC is now estopped from asserting immunity under sections 440.11 . . . The employer raised as an affirmative defense the exclusivity provision contained in section 440.11, . . .
. . . . §§ 440.10(l)(e), 440.11. The district court granted summary judgment in favor of Ceco. . . .
. . . insured, who was statutorily immune from suit under the Workers’ Compensation Law, sections 440.01 and 440.11 . . . plaintiffs wrongful death claim against the insured was barred by the workers’ compensation statute, section 440.11 . . .
. . . application because in 2003 the Legislature superseded this Court’s opinion in Turner with section 440.11 . . . Section 440.11(1)(b) codified the intentional tort exception to the-workers’ compensation immunity doctrine . . . See § 440.11, Fla. Stat. (2006). . . .
. . . remaining as to whether the Association is entitled to workers’ compensation immunity under section 440.11 . . . Section 440.11(2), Florida Statutes (1999), provides that workers’ compensation immunity: shall extend . . . The trial court reasoned that section 440.11(2) would not apply to the Association because Advantage . . . However, we disagree with the trial court’s conclusion that section 440.11(2) could not, as a matter . . . Unpacking the standard in section 440.11(2), the employer must 1) utilize the services, 2) of an employee . . .
. . . . § 440.11. This is sometimes known as the workers’ compensation exclusivity bar. See Fla. . . .
. . . other person[s]” who acted in a “managerial or policymaking capacity” within the meaning of section 440.11 . . . Fla.1982), but we find that case to be inapplicable because it predates the 1988 revision of section 440.11 . . .
. . . Florida, the doctrine’s specific application to employee leasing arrangements is embodied in section 440.11 . . . required in § 440.10, except when such payment has been secured by the help supply services company. § 440.11 . . . The seeming disparity between section 440.11(2) (conferring special employer status to companies borrowing . . . In addition, the court held that Maxson was immune from tort liability under section 440.11(2), because . . .
. . . . § 440.11(l)(b)(2), Fla. Stat. (2004). In Pendergrass v. R.D. . . .