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.
Proctor & Gamble Cellulose Company v. Mann
667 So.2d 338 (Fla. 1st DCA 1995), 20 FLW D2426
Property owner entered into contract with independent
contractor to perform work for property owner. Under
the terms of the agreement, the independent contractor
was to obtain workers' compensation insurance but the
owner agreed to reimburse the independent contractor
for the cost of such workers' compensation coverage.
Employee of independent contractor brought cause of
action against owner for negligently maintaining
premises. Court determined in this instance that owner
did not enjoy workers' compensation immunity from civil
cause of action filed by employee of independent
contractor. Since employee of independent contractor
was not deemed to be an employee of owner nor did owner
qualify as statutory employer or as the general
contractor, there was no duty to provide workers'
compensation benefits to the injured worker and
accordingly, there was no workers' compensation
immunity. Court distinguished this case from the
decision of Mandico v. Taos Construction, Inc., 605
So.2d 850 (Fla. 1992). Mandico involved a situation
which allowed an employer, which had in its employ an
individual who was not included within the definition
of an employee, the ability to obtain immunity by
providing workers' compensation benefits for such
individual. In this case, the plaintiff was not in the
employ of the owner and was not considered a statutory
employee of the owner.
