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.
Florida Department of Transportation v. Juliano
28 FLW D2121
On motion for rehearing. Original opinion dated September 11, 2002, 27 FLW D2025 withdrawn. Claimant filed cause of action against supervisor who was engaged in unrelated work from that of the plaintiff/employee. The question in this case is whether the claimant/employee was required to establish civil liability by proving simple negligence by the supervisor since he was engaged in unrelated works or whether there must be a showing of culpable negligence in view of the defendant supervisor's role in a managerial capacity. Court determined that the higher standard of culpable negligence is the applicable standard for creating liability on the part of the manager (statutorily imputing liablity on the Florida Department of Transportation as the employer of the manager). Court determined that based upon the pleadings and record evidence established, only simple negligence was shown and accordingly, the employer' motion for summary judgment and/or directed verdict based on the workers' compensation immunity defense should have been granted. Court rejected plaintiff/employee's argument that the heightened standard of negligence for officers or supervisors was not intended to apply to those supervisors who were involved with the employee in an "unrelated work." The unrelated works exception is to be narrowly construed and not applicable when dealing with the actions of a manager.
