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.
Domino's Pizza v. Gibson
668 So.2d 593, 21 FLW S79
(Supreme Court) Section 440.09(3), Florida Statutes,
creates a presumption of intoxication which precludes
the payment of workers' compensation benefits when
alcohol in the claimant's blood is 0.10% or more by
weight at the time of injury. This statutory
provision requires testing of whole blood. Supreme
Court determined that expert testimony converting the
blood alcohol content from a percentage of blood serum
to a percentage of whole blood was admissable in order
to prove that the claimant was intoxicated at the time
of accident. Test results that did not comply with the
statutory requirements for testing can still be
admissable on an independent basis to prove that the
claimant was intoxicated.