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.
Mullarkey v. Florida Feed Mills Inc.
268 So.2d 363, 1972
Employee was killed in an on-the-job accident and his
father brought this action under wrongful death and
survival statute. Court denied this action pursuant to
exclusive remedy provisions of W/C statute. Because
the employee died without leaving dependants surviving,
compensation other than for funeral expenses was
denied. Father of employee appealed saying that this
denial of his action was unconstitutional. Court said
that statute was constitutional since the employee had
the right to elect whether he wanted to be covered by
workman's compensation or not. The purpose of the
exclusiveness of the workers' compensation act is to
limit the liability of the contributing employer to the
compensation benefits secured. In return for accepting
vicarious liability for all work related injuries and
for surrendering traditional defenses, the employer is
allowed to treat compensation as a routine cost without
exposure to tort liability. Likewise, the employee
relinquishes his tort remedies for a system of
compensation sparing him the cost, delay, and
uncertainty of litigation.
