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.
Pacheco v. Florida Power & Light Co, et al.
26 FLW D715
Summary judgment in favor of employer and general
contractor sustained on appeal in wrongful death
action. Court determined that Section 553.84, Florida
Statutes (1997), which creates a cause of action for
violations of the state minimum building codes does not
overcome or trump the effects of Section 440.11,
Florida Statutes, the exclusive remedy provisions of
the Florida Workers' Compensation statute. In
addition, the employer's/general contractor's conduct
did not constitute deliberate intent to injure or
substantial certainty to result in injury or death.
Employer/general contractor had failed to notify the
power company to deenergize power lines which
ultimately caused plaintiff's death. Court determined
that such actions, although serious and with tragic
consequences, did not rise to the level of an
intentional tort required to invoke an exception to the
exclusive remedy provisions of the Florida Workers'
Compensation Act. In distinguishing the facts in this
case to the decision of Turner v. PCR, Inc., 754 So.2d
683, the facts of this case did not involve deliberate
or willful indifference to the safety of the workers
injured.
