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.
Holmes County School Board v. Duffell
630 So.2d 639
Section 440.11(1), Florida Statutes, which provides
that workers' compensation is the claimant's exclusive
remedy against co-employees for his injuries on-the-job
accidents is not the claimant's exclusive remedy as to
liability of a fellow employee when each is operating
in the furtherance of an employer's business but are
assigned primarily to unrelated works. Section
768.28(9)(a), Florida Statutes, immunizes public
employees from personal liability for torts on the job
by requiring any civil action for the employee's
negligence to be maintained against the governmental
entity. Under the exclusive remedy provisions, the
governmental entity would be immune from liability.
However, because of the provision requiring
governmental liability for its employee's negligence,
the governmental entity is not immune notwithstanding
the exclusive remedy provisions of the Florida Workers'
Compensation Act.