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.

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General Cinema Beverages of Miami, Inc. d/b/a Pepsi Cola Bottling Company of Florida v. Mortimer

20 FLW D2509

Claimant injured in compensable automobile accident when a tire on the vehicle in which he was driving blew out causing severe injuries. Employer failed to preserve tire for possible suit against manufacturer. This cause of action brought by claimant against the employer for spoilation of evidence. Employer defended on exclusivity of remedy under the Workers' Compensation Act. The exclusive remedy defense is usually raised by a Motion for Summary Judgment since this defense requires the employer to bring forth facts from outside the four corners of the Complaint. However, if this defense appears on the face of the Complaint, then the defense can be asserted by way of a Motion to Dismiss. In appropriate cases, the employer may rely on Rule 1.110(d), Florida Rules of Civil Procedure, to assert an exclusive remedy defense by way of a Motion to Dismiss when the basis of the defense appears in the Complaint. Court determined that exclusivity defense raised by the employer appeared on the face of the employee's Complaint and accordingly, this defense could be considered in a Motion to Dismiss. Under the provisions of Section 440.39(7), Florida Statutes, there is a statutory duty on the part of the employer to cooperate with an employee in investigating and prosecuting claims against a third party tortfeasor. The question in this case is whether this provision creates a separate basis of liability for an employer who would otherwise enjoy workers' compensation immunity. Court ruled that employer is required to preserve evidence especially where there was a timely request for preservation made by the claimant. The statutory enumeration of specific duties such as production of documents and access to premises must be read as a non-exclusive list of ways the employer must cooperate with the employee in pursuing a third party claim. Motion to Dismiss filed by employer/carrier based on the exclusive remedy provisions of the workers' compensation statute properly denied.