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.
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.