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.
Brown v. State Farm Mut. Auto. Ins. Co.
281 So.2d 364, (Fla.App. 2 Dist., Aug 15, 1973)
The question in this case is whether a release given by an employee to a third party tort feasor bars a later suit against the tort feasor by the W/C carrier who had no notice of the settlement and release yet was forced to pay benefits to the employee after the settlement. Ordinarily in the case where the employee has settled with a third party tort feasor the W/C is relegated to getting an equitable distribution of the proceeds received from the tort feasor by the employee. However if the tort feasor knew when he settled the action that the employer was within the scope of his duty and the W/C carrier would soon enter the picture then the tort feasor might be equitably estopped from claiming the release on a defense. See this case for factors to determine the fairness of a settlement.