The trial in this matter was to determine whether the injured worker should have his Workers’ Compensation claim handled out of Florida’s jurisdiction or Wisconsin’s jurisdiction. The client was a truck driver who signed his contract of employment with his employer in Wisconsin. The Wisconsin employer wanted his accident and injuries to be handled under Wisconsin law. The Orlando injured worker wanted to have the benefits of his claim under Florida law.
When all of the evidence was heard, the Judge of Compensation Claims found that even though the contract of hire was in Wisconsin, the Orlando injured worker’s principle location of employment was in Florida.
This was because of several factors. The most important factor was that the injured worker was required to start and finish his trips from the Employer’s home terminal in Florida. He was also required to return to his home terminal in Florida after each trip with a load of merchandise. So, even though 80%- 90% of this Orlando Workers’ Compensation injured worker’s trips were outside of the State of Florida, the principle location of his employment was Florida.
The injured Employee was awarded the right to have his benefits litigated in Florida. He sustained severe back injuries and will require a lot of medical care.
