Recent DOAH Decision: Improper Stop Work Order

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P.A.T. Auto Transport, Inc., v. Department of Financial Services, Division of Workers’ Compensation, DOAH Case No. 10-3106F and 10-3107F, Final Order entered on November 16, 2010, imposed the maximum ($50,000) award of attorneys fees against the agency for issuing an Amended Stop Work Order without being “substantially justified” pursuant to s. 57.111(3)(e), based on the agency investigator’s failure to make proper inquiry to determine that the trucking company’s drivers were independent contractors (and not employees subject to workers’ compensation insurance requirements). A “preponderance” evidentiary burden was applied to the agency in determining whether it was “substantially justified” in taking action and imposing a penalty under these facts.


Trenton H. Cotney
Board Certified in Construction Law
Trent Cotney, P.A.
1207 N Franklin St, Ste 222
Tampa, FL 33602
(813) 579-3278

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