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.
Van Bebber & Associates, Inc. v. Cook
29 FLW D230
Employee of subcontractor filed civil cause of action against general contractor who also acted as the construction manager. Plaintiff employee in this scenario alleged that the general contractor had negligently designed the project plans on the construction site where the accident occurred and because of the fact that the general contractor was acting in the capacity as a designer of the project versus its employer status, the "dual persona" exception to the exclusive remedy provisions applied and there was a right to file this civil cause of action, i.e., it was alleged that the defendant general contractor was acting in a "dual capacity" at the time of the accident and accordingly, the exclusive remedy provisions did not apply. Court determined that the dual capacity argument had been disfavored under the law and did not apply in this circumstance. Court declined to adopt the "dual capacity" doctrine because it would circumvent the legislative plan and purpose as codified in Chapter 440.
