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.
Glasspoole v. Konover Construction Corporation South
26 FLW D1398
Employee of subcontractor brought cause of action
against general contractor alleging intentional
misconduct on the part of the general contractor
resulting in plantiff's damages. General contractor
filed motion to dismiss alleging workers' compensation
exclusive remedy protection. Attached to the motion
was a sworn affidavit from a supervisor denying
any intentional conduct.
Workers' compensation immunity does not protect an
employer from liability for an intentional tort against
an employee. There are two alternative methods of
proving intentional tort action against the employer:
the employer exhibited a deliberate intent to injure or
engaged in conduct which is substantially certain to
result in injury or death. While the first alternative
employs a subjective test, the second alternative
applies an objective standard to determine whether a
reasonable employer should have known that its
intentional conduct was substantially certain to result
in injury or death.
Court determined that lower court properly entered
summary judgment in favor of general contractor. Once
the movant for summary judgment tenders competent
evidence to support the motion (in this instance the
affidavit of the supervisor), the opposing party must
come forward with counter evidence sufficient to reveal
a genuine issue of material fact. Because plaintiff
failed to come forward with any counter evidence to
show a genuine issue of material fact, the entry of
summary judgment in favor of the general contractor was
appropriate.
