JCC Dismisses Claim for Lack of Florida Jurisdiction
In Smith v. Sun Terminal Inc. / PMA Insurance Company, OJCC Case No. 25-026070IF, Judge Iliana Forte considered whether the claim belonged under Florida's Workers' Compensation Act or the Longshore and Harbor Workers' Compensation Act.
The claimant worked as a forklift mechanic at Port Everglades. Although he argued the workshop was separate from loading and unloading activity, the JCC found the equipment repair work was essential to cargo movement at the port and satisfied the Longshore Act's situs requirement.
Because the claimant also met the Longshore status requirement, the alleged injury fell under the Longshore Act. The petition for benefits was denied and dismissed with prejudice for lack of subject matter jurisdiction.