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.
Armando Montes de Oca v. Orkin Exterminating Company
22 FLW D1010
Claimant injured in compensable accident and returned
to work in job offered by employer. Allegation made by
claimant that offered employment exceeded his physician
prescribed physical limitations. Civil cause of action
filed against employer by claimant for wrongful
termination pursuant to Section 440.205, Florida
Statutes. Court determined that circuit court did not
have jurisdiction to hear such a claim since
jurisdiction for such types of allegations falls within
the workers' compensation system pursuant to Section
440.15(6), Florida Statutes.
Section 440.105 (4)(b)1 provides that it is unlawful
for anyone to make false, fraudulent, or misleading
oral or written statements for the purpose of denying
benefits under the workers' compensation statute.
Court determined that there was no civil cause of
action for such a violation unlike the 1994 predecessor
statutory provision similar to the one in this
instance.
