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.
Smalbein v. Volusia County School Board
801 So.2d 169, 26 FLW D2826
JCC determined that claimant's alleged injuries were
not work related, therefore not compensable under the
Florida Workers' Compensation Act. Thereafter,
claimant filed a retaliatory discharge claim against
employer alleging violation of Section 440.205, Florida
Statutes. Court determined that a claim for violation
of Section 440.205, Florida Statutes, was not
contingent upon the workers' compensation claim being
deemed a meritorious claim. To require the underlying
workers' compensation claim to be compensable thwarts
the purpose and intent of the legislature to prohibit
retaliation for filing a workers' compensation claim.
Notwithstanding the fact that the underlying alleged
workers' compensation claim was not compensable,
a retaliatory discharge cause of action could exist.
Trial court was not bound under the theory of
"collateral estoppel" as to the factual findings of the
Judge of Compensation Claims that denied workers'
compensation benefits to the claimant. Collateral
estoppel would not apply to preclude the trial court
from making its own factual determinations since the
JCC lacks jurisdiction over claims under Section
440.205, Florida Statutes. Moreover, the issues in the
two cases were not identical. The workers'
compensation claim involves compensation for injuries
whereas the retaliation claim requires analysis of the
employer's actions directed toward the employee as a
result of filing the compensation claim.
