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.