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.
Venezia v. Egan and R & J Crane Service, Inc.
671 So.2d 175 (Fla. 5th DCA 1996), 21 FLW D555
Plaintiff, in civil cause of action, filed claim for
negligence against defendant crane owner and operator.
Summary judgment entered in favor of defendants on the
basis that the plaintiff was a borrowed
servant/employee and therefore, the exclusive remedy
provisions of the Workers' Compensation Act precluded
recovery. On appeal, summary judgment order reversed
based on the fact that there was a genuine issue of
material fact precluding entry of summary judgment.
There is a presumption of continuing general employment
by the plaintiff's employer and such presumption can be
overcome only upon a clear demonstration that new
temporary employment has been substituted for the
general employment. In order to establish the borrowed
servant doctrine, it must be shown that: 1) there is a
contract for hire, express or implied, existing between
the employee and the alleged special employer; 2) the
work being done at the time of the injury was
essentially that of the alleged special employer and 3)
the power to control the details of the work done at
the time of the accident resided in the alleged special
employer. Court determined that there were issues of
material fact on each of these points precluding entry
of summary judgment.
