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.
Vause v. Bay Medical Center, et al
22 FLW D94
Employer defended civil cause of action based on
election of remedies and filed a motion to dismiss the
plaintiff's claim in circuit court. Election of
remedies is an affirmative defense that is not properly
raised by means of a motion to dismiss where the
defense does not appear on the face of the
pleadings. Court determined that complaint in this
instance did not clearly show the applicability of the
election of remedies defense and accordingly, it was
error to grant the motion to dismiss. Nowhere
in the complaint was it asserted or suggested that the
plaintiff pursued a workers' compensation remedy to a
determination on the merits or to final settlement.
Plaintiff was an obstetrical nurse who normally worked
for the employer/hospital but in a different location
of the hospital from where the accident occurred in
this instance. Plaintiff sought recovery against a
co-employee based on the unrelated works exception to
co-employees exclusive remedy protection of the Florida
Workers' Compensation Act. Court determined that
co-employee and plaintiff were not engaged in unrelated
works. While employees may have different duties as
related to the same job or project, this does not
mean that they are involved in unrelated works.
Plaintiff and co-employee were both engaged in
activities related to their primary assignment of
providing health care to patients. The fact
that the plaintiff was assigned to a different
department or that she was using a specialized piece of
medical equipment as compared to her co-employee does
not make applicable the unrelated works exception to
the exclusive remedy provisions. Dissenting opinion
with history of unrelated works exception to the
exclusive remedy provisions of the Florida Workers'
Compensation Act.
