In Jennifer Henry v. E#1: EMS Protective Group, LLC and E/C#2: Monte Carlo of Miami Condominium Assn., Inc./Zenith Insurance Company there were two different E/C’s named. E/C #2 contracted with claimant’s employer (E#1) to provide security services. The employer did not have workers’ compensation covering while the contract was in force and claimant was injured. Claimant and E#1 contended E/C#2 were claimant’s statutory employer. The Claimant is required to prove that E/C#2 were claimant’s statutory employer. Here, the association president testified without contest that there was no such contractual obligation. The JCC concluded E/C#2 were DENIED and DISMISSED. The JCC then reviewed the evidence pertaining to the petition issues and found claimant had established she suffered a compensable accident and was entitled to authorization of a PCP. Indemnity benefits were GRANTED in part and DENIED in part based on the accepted evidence. A past 18k medical bill was DENIED for lack of MCC evidence.
