Pellegrino Sorice v. Rayz Remodeling Inc and None

In Pellegrino Sorice v. Rayz Remodeling Inc and None the uninsured and unrepresented employer failed to attend the pre-trial conference, and as a result all defenses were stricken. At trial, the employer contended claimant was an independent contractor, while claimant countered he was engaged in the construction industry and was an employee. The JCC rejected claimant’s suggestion that his duties as a pressure washer qualified his work as construction. However, since the employer’s defenses were stricken, the issue was moot, and the JCC concluded claimant was an employee. On the merits of the pending claims, the JCC held claimant failed to meet his burden of proving he sustained a compensable and related injury via medical evidence. Accordingly, medical and indemnity benefits were DENIED.

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