Cases
Workers' Compensation
Listed below is McConnaughhay, Coonrod, Pope, Weaver & Stern, P.A.'s workers' compensation case law database. The database dates back until 1971 and includes over 5500 workers' compensation court decisions.
To view the case summaries, select one of the general topics listed below.
Hume v. Thomason
440 So.2d 441, (Fla.App. 1 Dist., Oct 21, 1983)
Employee injured while employed by employer who had no insurance coverage. Pursuant to Section 440.11(1) F.S. he elected to file a cause of action in circuit court alleging that employer failed to provide a safe place for him to work. Summary final judgment in circuit court entered in favor of defendant employer and employee sought recovery under the Workers' Compensation Act. Court determined that claimant had "elected his remedy" by filing in circuit court and accordingly was precluded from filing for the same injury under the Workers' Compensation Act. An election of remedies is matured when the rights of the parties have been materially affected to the advantage of one or the disadvantage of another. Court determined that the election in this case had matured when judgment was entered in the circuit court finally adjudicating the rights of the parties.