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.
Flores v. Rooftile Administration, Inc.
29 FLW D1378
Appellate court reversed summary judgment in favor of employer in retaliatory discharge cause of action. The court determined that there was a genuine issue of material fact and accordingly, the entry of an order granting a Motion for Summary Judgment was error. In the order granting the Motion for Summary Judgment, the trial court made impermissible witness credibility determinations. This is not permitted in deciding whether a Motion for Summary Judgment should be granted.The JCC’s order striking plaintiff’s demand for a jury trial also deemed to be error. In an action for damages for retaliatory discharge under the workers’ compensation statute, there is a right to jury trial. In retaliatory discharge action, attorney’s fees are not awardable against an employer in an action for retaliatory discharge.
