Larry K. Meyer, P.A. v. Kimberly
Larry K. Meyer, P.A. v. Kimberly
Opinion of the Court
The appellant in this workers’ compensation appeal is a private employer who would ordinarily not be required to secure payment of compensation under chapter 440 because it has less than four employees and is not engaged in the construction industry. See § 440.02, Fla. Stat. (1995); Solomon v. Huddleston, 657 So.2d 78 (Fla. 1st DCA 1995). In the order under review the judge of compensation claims nevertheless determined that the injury suffered in the course and scope of employment by the appellee, an employee of the appellant, was compensable under principles of es-toppel because the appellant had not posted the notice referenced in section 440.055, Florida Statutes (1995). We reverse the order because section 440.055 is of doubtful applicability to the appellant and, in any event, the record provides no factual basis for a finding of estoppel.
Section 440.055 provides as follows: An employer who employs fewer than four employees, who is permitted by law to elect not to secure payment of compensation under this chapter, and who elects not to do so shall post clear written notice in a conspicuous location at each worksite directed to all employees and other persons performing services at the worksite of their lack of entitlement to benefits under this chapter.
Reading this statute in context with the other provisions of chapter 440, we have considerable doubt that it was intended to apply in the circumstances of the present
But even if 440.055 were read to have required the appellant to post notice, this case does not present a factual situation justifying application of principles of estoppel. Equitable estoppel generally consists of words or conduct which causes another person to believe a certain state of things exists, and to consequently change his or her position in an adverse way. And estoppel by silence or inaction will be found only when the other party is misled to his or her detriment. See, e.g., Southeast Grove Management, Inc. v. McKiness, 578 So.2d 883, 886 (Fla. 1st DCA 1991). There is nothing in the record before us indicating that the appellee was misled or changed her position as a result of the appellant’s failure to post notice of the appellee’s lack of entitlement to workers’ compensation benefits. Facts supporting a finding of estoppel were therefore not proven.
The order is accordingly reversed.
Reference
- Full Case Name
- LARRY K. MEYER, P.A. v. Yvonne M. KIMBERLY
- Cited By
- 1 case
- Status
- Published