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.
Williams v. Reed
22 FLW D1988
(4th DCA). Injured worker sued vice president of
worker's employer alleging civil liability as owner of
a swamp buggy that caused injuries to claimant.
Question in this case is whether the exclusive remedy
provisions of the Workers' Compensation Act preclude
such liability. Summary judgment in favor of employer
based on exclusive remedy reversed where there were
factual issues referring to the case of Perkins v.
Scott, 554 So.2d 1220, the court indicated that the
defendant/co-employee may be liable civilly when suit
is brought in his status as the owner of the swamp
buggy as opposed to his status as a co-employee. Also,
co-employees are protected by workers' compensation
exclusivity when they are acting in the furtherance of
the employer's business. A factual issue arose in this
case as to whether the co-employee/defendant was acting
in the furtherance of the employer's business at the
time of this accident. There was evidence that the
swamp buggy in question was not used in the business of
the employer but rather only for recreational use.
