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.


Scott v. Otis Elevator Company

15 FLW S582

An employer who fires or threatens to fire an employee because of the filing of a workers' compensation claim is in violation of Section 440.205 Florida Statutes. An employer who violates this statute has committed an intentional tort thereby exposing itself to a liability for damages for emotional stress. Section 440.205 Florida Statutes does not authorize the court to order reinstatement of the employee.There is a four-year statute of limitations for wrongful discharge causes of action pursuant to Section 440.205 F.S. Other states that have adopted a wrongful discharge statute generally consider it grounded on intent rather than negligence allowing recovery for emotional distress and punitive damages as well as lost wages in appropriate cases