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.
Ross and McGaugh v. Dale E. Baker
632 So.2d 224 (Fla. 2nd DCA 1994)
Employee of subcontractor filed a civil cause of action
against superintendent and president of general
contractor alleging that the employees of the general
contractor negligently failed to provide adequate job
site safety that could have prevented the accident in
this instance. Lower court originally granted summary
judgment in favor of defendants but vacated that order.
Court determined that an order vacating a summary
judgment is not typically an appealable order; however,
under the Florida Rules of Appellate Procedure
9.130(a)(3)(c)(VI), jurisdiction was accepted to review
appeal. Court determined that defendants were immune
from civil responsibility for the plaintiff's injury
based upon the workers' compensation exclusive remedy
provisions. In this instance, for either of the
defendants to lose the protection of the workers'
compensation immunity, the alleged misconduct must rise
to the level of a first degree misdemeanor. In this
case, the defendant's actions did not rise to the level
of culpable negligence.
