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IN THE CIRCUIT COURT OF THE 19TH ~
JUDICIAL CIRCUIT, IN AND FOR
T.~~T"~~~-'~,~;~ COUNTY, FLORIDA.
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CASE NO. 81-632-CA-11
BARRY IRWIN, as Persona~ Repre-
sentative of the Estate of RO~ER I
IRWIN, deceased,
Plaintiff,
vs.
FLORIDA FARM BUREAU INSURANCE
COMPANY,
Defendant.
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ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JU,DGMENT
AND DENYING MOTION FOR STATUTORY ATTORNEY'S FEES
This cause having come before the Court upon Defendant, I
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Florida Farm Bureau Insurance Company's Renewed Motion for Summary i
Judgment and Motion for Statutory Attorney's Fees pursuant to ~
Section 57.105, Florida Statutes, and the Court haviny heard
the argument of counsel, considered the relevant authorities ;
and being otherwise duly advised in the premises, makes the follow-
izg findings:
1. That on or abo:.'= :-~v_c:tber 27, 1979, ROGER IRWIN, deceased
was killed as a result of icijury by accident arising out of and
~ in the course of his employment by Ashton Utilities and Septic
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Tank Company in Fort Pierce, St. Lucie County, rlorida.
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~ I 2. At the time of his death, *he decedent's employer
~ ~ was covered ~~nder a worker's compensation insurance policy written ~
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~ by the Defendant, FLORIDA FARM BUREAU INSURANCE COMPANY.
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3 3. The ~ourt finds that pursuant to Section 440.11(2)
and Section 440.56(4), Elorida Statutes (1979), that there was
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~ no duty on the part ef a worker's compensation insurance carrier
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to ~ctually conduct safety inspections on the premises of an
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employer unless requested by the ~mployer to do so. i
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j 4. The Court finds that Section 440.56(4) only imposes
I a duty upon a worker's compensation carrier to inform their policy
holciers of the availability of safety consultations and said
• Section further reguires the carrier to provide safety consultations
- only if the policy holder requests s~ich a safety consultation.
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