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.
Kimbrell v. Paige
422 So.2d 902, (Fla.App. 4 Dist., Sep 22, 1982)
An injured employee who has received W/C cannot sue the third party tort-feasor for the first time after the passage of three years where the compensation carrier has in the second year following the accident given the thirty day notice and filed an appropriate lawsuit against the third party tort-feasor. Section 440.39 comtemplates only one lawsuit being filed against the third party tort-feasor. Issue certified to supreme court.Question certified to Supreme Court whether injured employee can sue third party tortfeasor when W/C carrier sued tort-feasor in 2nd year. See also { Kimbrell v. Paige 4th DCA Case_1455}