Fort Pierce Tribune v. Williams
Docket: 91-4018
Court: District Court of Appeal of Florida; August 30, 1993; Florida; State Appellate Court
Beverly Williams, a newspaper carrier for Fort Pierce Tribune, was awarded workers' compensation benefits by a judge who classified her as an employee rather than an independent contractor. The employer and its insurance carrier appealed this decision, arguing that the circumstances of the case closely mirrored previous rulings, particularly the case of City of Port St. Lucie v. Chambers. The District Court of Appeal of Florida, First District, agreed and reversed the award, remanding for further proceedings consistent with the Chambers opinion. The court acknowledged the distinction between independent contractor status in workers' compensation cases versus vicarious liability in tort cases, referencing multiple precedents that support this view. The judges expressed concern regarding the evolving business relationship between newspaper publishers and delivery persons, prompting the certification of two questions to the Florida Supreme Court of significant public importance: 1. Whether the precedent set in Miami Herald Publishing Co. v. Kendall remains applicable given the changes in newspaper delivery dynamics. 2. If the precedent is still valid, whether its application is confined to tort actions or extends to workers' compensation cases. The decision was reversed and remanded, with concurring opinions from Judges Miner and Shivers.