ANNETTE BRINCHEK AND JOSEPH BRINCHEK vs SOVEREIGN HEALTHCARE OF ORLANDO, LLC, D/B/A HUNTER’S CREEK NURSING AND REHAB CENTER

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED ANNETTE BRINCHEK AND JOSEPH BRINCHEK, Appellants/Cross-Appellees, v. Case No. 5D20-2231 LT Case No. 2019-CA-4622 SOVEREIGN HEALTHCARE OF ORLANDO, LLC, D/B/A HUNTER’S CREEK NURSING AND REHAB CENTER, Appellee/Cross-Appellant. ________________________________/ Opinion filed December 17, 2021 Appeal from the Circuit Court for Orange County, Lisa T. Munyon, Judge. Julie H. Littky-Rubin, of Clark, Fountain, LaVista, Prather & Littky-Rubin, LLP, West Palm Beach, for Appellants/Cross-Appellees. Thomas A. Valdez and Vilma Martinez, Tampa, Stevie E. Baker and Kathleen Ellen MacMillan, Orlando, of Quintairos, Prieto, Wood & Boyer, P.A., Tampa, for Appellee/Cross-Appellant. PER CURIAM. AFFIRMED. See Moradiellos v. Gerelco Traffic Controls, Inc., 176 So. 3d 329, 334 (Fla. 3d DCA 2015) (holding “unrelated works” exception to workers’ compensation immunity does not apply to claim by employee of contractor against subcontractor who secured workers’ compensation insurance for its employees); Vallejos v. Lan Cargo S.A., 116 So. 3d 545, 551–52 (Fla. 3d DCA 2013) (finding “unrelated works” exception inapplicable to suit against employer, because statute expressly states the exception applies only to co-employees). LAMBERT, C.J., EISNAUGLE and TRAVER, JJ., concur. 2

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