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.
Osten v. City of Homestead
25 FLW D1132
(3rd DCA) Injured worker filed civil cause of action
against city alleging retaliatory discharge for filing
a workers' compensation claim in violation of Section
440.205, Florida Statutes. Claimant failed to comply
with the statutory notice requirements of Section
768.28, Florida Statutes (1997). In Section 768.28,
Florida Statutes, the Florida legislature has waived
the sovereign immunity of the state and its
subdivisions from tort action provided, among other
things, the claimant presents a written claim to the
appropriate agency within three years after the accrual
of the claim. Strict compliance with the notice
requirment of this statute is necessary in order to
maintain an action against the state, its agencies, or
subdivisions. Court held that this notice requirement
was applicable to retaliatory discharge causes of
action.
As a part of the cause of action against the city, the
claimant filed one count for breach of covenant of good
faith dealing. This is an alleged contractual claim for
which no notice is required under Section 768.28,
Florida Statutes. Court determined that this count was
erroneously dismissed for the lack of statutory notice.
However, the dismissal of the claim by the lower court
was affirmed where plaintiff failed to otherwise
state a cause of action against the city.
