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.
Aetna Casualty v. Bortz
271 So.2d 108
When an employee is injured on the job by third person the employee may collect under workmen's compensation and at the same time pursue his remedy against the third party tort feasor. If the employee doesn't sue in the first year after the injury then the carrier has a right to sue the third party to recover what was paid under workmen's compensation. If the carrier didn't file suit in the second year the right to file an action against the third party reverts back to the employee. Once the carrier files suit in the second year the employee is required to cooperate with the suit. F.S. 440.39(4)(a).When an employee is injured on the job by third person the employee may collect under workmen's compensation and at the same time pursue his remedy against the third party tort feasor. If the employee doesn't sue in the first year after the injury then the carrier has a right to sue the third party to recover what was paid under workmen's compensation. If the carrier didn't file suit in the second year the right to file an action against the third party reverts back to the employee. Once the carrier files suit in the second year the employee is required to cooperate with the suit. F.S. 440.39(4)(a).