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.
Turner et al v. PCR, Inc.
23 FLW D2474
In order to overcome the workers' compensation
exclusive remedy doctrine, the plaintiff must show that
the employer exhibited a deliberate intent to injure an
employee or that the employer engaged in conduct which
is substantially certain to result in injury or death.
An employee has a heavy burden in overcoming the
employer's workers' compensation immunity when viewed
in the light of the Florida Supreme Court's strict
interpretation of the statute. Court determined in
this instance that expert chemical opinions were
insufficient to create a material issue of fact to show
such intentional misconduct thus precluding a summary
judgment in favor of an employer. Issue certified to
Supreme Court as follows: Is an expert's affidavit,
expressing the opinion that an employer exhibited a
deliberate intent to injure or engage in conduct
substantially certain to result in injury or death to
an employee, sufficient to constitute a factual
dispute, thus precluding summary judgment on the issue
of workers' compensation immunity.
Court determined that employees were not engaged in
"unrelated works" thus precluding application of the
exclusive remedy provisions of the Florida Workers'
Compensation Act. Both co-employees were technicians
for the employer and worked with the same equipment
although their job titles were different. Court
determined that both employees worked in related job
duties rather than unrelated works.
