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.
Kenann & Sons Demolition, Inc. v. Dipaolo
653 So.2d 1130 (Fla. 4th DCA 1995), 20 FLW D1009
An employer who secures workers' compensation coverage
for its employees is immune from suit so long as the
employer has not engaged in an intentional act designed
to result in injury or death or conduct which is
substantially certain to result in injury or death to
the employee. The same immunities that employers enjoy
extend to fellow employees so long as they do not act
with willful and wanton disregard or unprovoked
physical aggression or with gross negligence when such
acts result in injury or death. Section 440.11(1),
Florida Statutes, has given the same immunities as
those of the employer to any sole proprietor, partner,
corporate officer or director, supervisor, or other
person who in the course and scope of his duties acts
in a managerial or policy making capacity and the
conduct causing the alleged injury arose within the
course and scope of those duties and was not a
violation of law for which the penalty is at least 60
days imprisonment. It was alleged in this case that
the employer allowed an unskilled individual to operate
heavy equipment which caused injury to the plaintiff
and that the employer failed to provide a safe place to
work. Court determined that such conduct did not rise
to intentional or gross misconduct or conduct virtually
certain to result in injury. Calling such conduct
intentional or virtually certain to result in injury
does not make it so. Court determined that exclusive
remedy provision precluded plaintiff's civil cause of
action.
