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