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.
Flying Boat, Inc. d/b/a Chalks International Airlines v. Alberto et al
23 FLW D2633
(4th DCA) Plaintiff, an employee of defendant was
killed when the employer's sea plane crashed into the
navigatable waters of Key West Harbor, in an area of
commercial shipping traffic. Defendant employer sought
to defend common law maritime wrongful death action
asserting the exclusive remedy provisions of the
Florida Workers' Compensation Act. Court determine
that accident was a maritime accident and federal
maritime law pre-empted Florida workers' compensation
law and the Florida exclusive remedy provisions. A
common law cause of action under federal maritime law
is not barred by the exclusive remedy provisions of a
state workers' compensation statute. See Executive Jet
Aviation, Inc. v. City of Cleveland, 409 U.S. 249
(1972). This sea plane crash deemed subject to
Admiralty Law since the alleged wrong occurred or was
located in a maritime locality (navigatable waters) and
the alleged wrong bears a significant relationship to
traditional maritime activity.