Feliberto Tamayo Aguilar v. Double Green Wholesales was a Miami workers compensation case to determine whether the E/C (the defendant) was responsible for providing workers comp. The claimant was working for a delivery company, Oscar Delivery Corp, that was hired under the E/C/defendant, and was injured on site. Oscar Delivery Corp was uninsured.
The claimant argued that the E/C/defendant was responsible for providing him compensation as a statutory employer. However, he failed to prove that the E/C was contractually obligated to deliver the produce. A key element to being the statutory employer.
Petition for benefits DENIED/DISMISSED