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.


Roberson v. Nooter Corp.

459 So.2d 1156, (Fla.App. 1 Dist., Nov 28, 1984)

The state of California recognizes what is called the "dual capacity" theory of recovery by an employee against an employer in a civil action. Under this theory an employee who is injured by a product manufactured by the employer primarily for sale to the general public may state a cause of action against the employer in a civil court. The dual capacity theory is based upon the manufacturers assuming a liability toward its employee as it would assume toward the general public who buys the product and for whom the product is primarily manufactured. The court in this case did not rule on the applicability of this particular theory since the employer in this instance did not manufacture the product primarily for sale to the general public.