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.
Pizza Hut of America, Inc. v. Miller
21 FLW D1237
Lower court determined that there were factual
questions that must be submitted to a jury on the issue
of workers' compensation immunity. Court denied
summary judgment in favor of the employer based on the
exclusive remedy provisions of the Florida Workers'
Compensation Act. The question in this case was
whether the worker was acting within the course and
scope of her employment at the time of her murder or
had ceased her employment activities and had begun
acting in regard to purely personal matters. Court did
not deny motion for summary judgment on the basis of
workers' compensation immunity as a matter of law but
rather because of the fact that there was a dispute as
to factually what occurred. Since there was a dispute
of facts, the appellate court dismissed the
interlocutory appeal pursuant to Florida Rule of
Appellate Procedure 9.130(a)(3)(VI). The issue of
whether workers' compensation immunity is available as
a matter of law is not ripe for determination until the
underlying factual dispute is resolved.
