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.
Martinolich v. Golden Leaf Management, Inc.
26 FLW D1068
Plaintiff filed cause of action against two employers
alleging wrongful discharge in retaliation for the
plaintiff's exercising of his rights under the Florida
workers' compensation law and also in violation of the
Florida Whistle Blower Act, Section 448.102, Florida
Statutes. Lower court directed verdict against one
alleged employer on the basis that that defendant was
not the employer. On appeal, lower court's directed
verdict reversed since there was evidence that the
defendant could have been a joint employer of the
plaintiff.
Court adopted federal case law in establishing whether
the employer could have been considered a joint
employer of the plaintiff. A trial court may direct a
verdict only when the evidence and all reasonable
inferences fail to prove a plaintiff's case. Since
there was an issue of fact as to the employment status
of plaintiff, court reversed directed verdict decision.
Court found no abuse of discretion in
the trial court's ruling excluding the results of
OSHA investigations regarding the complaint filed by
the plaintiff for which he was allegedly wrongfully
discharged.
