Coastal Masonry v. Gutierrez
35 Fla. L. Weekly D342b (Fla. 3rd DCA 2010) (February)
An employee was injured while lifting concrete blocks at work, and he filed a workers’ compensation claim. The employer and its insurance carrier denied the claim in its entirety and paid the employee no benefits. The employee then dismissed that claim and filed a personal injury suit against the employer. The employer moved for summary judgment on the basis that it was due workers’ compensation immunity, but the trial court denied that motion. The district court affirmed, holding that the employer was estopped from claiming workers’ compensation immunity after denying the employee’s claim. The district court noted that the arguments the employer made against the claim and the suit were “irreconcilable.”