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.
Barbosa v. Liberty Mutual Insurance Company
18 FLW D1221, May 11, 1993
Section 440.39(7), Florida Statutes, requires the workers' compensation carrier to cooperate with the claimant in a potential third party claim. Claimant made a request of the workers' compensation carrier to preserve a ladder that he fell from for the purpose of a potential third party products liability claim. Court held that there is liability for the destruction of evidence when the holder of the evidence has a statutory duty to preserve it. There is nothing in the law that requires a carrier to preserve and produce evidence which was never in its possession. In this case, the ladder was never in the possession of the carrier and therefore, there could be no cause of action for failure to produce the ladder.