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.
Associated Industries of Florida Property & Casualty Trust & Ledesma v. Smith
633 So.2d 543
Allegations in circuit court complaint stated that the workers’ compensation carrier was guilty of intentional infliction of emotional distress based on the carrier’s adjuster’s denial of benefits notwihstanding the statements of the claimant’s psychologist that psychological treatment was needed in order to return the claimant to work. Court determined that the workers’ compensation carrier shares employer immunity in civil causes of actions but like the employer, loses that immunity when it commits an intentional tort. If a workers’ compensation carrier has not merely breached the duty to timely pay benefits but has committed an independent tort against the claimant, the plaintiff/claimant may bring a cause of action against the carrier in circuit court. The claimant’s complaint in this case did not allege an independent tort or the intentional infliction of emotional distress. A cause of action for intentional infliction of emotional distress involves the deliberate or reckless infliction of mental suffering on another. Court stated that there was an insufficient allegation of facts to warrant an independent cause of action.
