JCC Denies Statutory-Employer Claims Against Apartment Project Owner

In Migdrei Martinez v. Prestige Builders Group Corp. and Lion Miami Terrace, LLC, OJCC Case No. 25-028592ERA, the claimant alleged she fell while cleaning an unfinished apartment project and sought TTD, adjustment of average weekly wage and compensation rate, transportation, interpreter services, primary-care authorization, penalties, interest, costs, and attorney fees.

Judge Edward Almeyda found the claimant did suffer a compensable accident while working for Live Pristine Cleaning, but the remaining question was whether Lion Miami Terrace or Prestige Builders Group Corp. was responsible as an employer or statutory employer. The order found that Lion still owned the phase of the project where the accident occurred, but that the permits and testimony showed Lion was acting as owner, not as the general contractor, contractor, partner, or joint venturer with the construction companies.

The JCC also found the claimant failed to prove Prestige Builders Group Corp. had the contract chain needed to make it a general contractor or statutory employer. All claims against Lion and Prestige were denied and dismissed with prejudice, including the claims for attorney fees and costs.

The practical takeaway is that ownership of the property, or even payment to a cleaning company, does not by itself create workers compensation liability as a statutory employer. The claimant still must prove the contract or joint-venture relationship that connects the alleged statutory employer to the work being performed.

Source: Compensation Order