Cases

2nd DCA. Claimant filed suit in circuit court against workers’ compensation carrier and agent for workers’ compensation carrier for intentional infliction of emotional distress because of a delay in providing benefits as ordered by the Judge of Compensation Claims. Court determined that the Circuit Court had no jurisdiction over an action against a workers’ compensation carrier for injuries covered by the Workers’ Compensation Act.

A workers’ compensation carrier is not immune from wrongdoing that occurs independently of its handling of claims. The exclusive remedy for a claim arising from a delay in the payment of benefits under the Workers’ Compensation Act is in accordance with the Florida Workers’ Compensation Act. The claim in this instance was based entirely on the workers’ compensation carrier’s delay in paying benefits awarded to her by the JCC. Such conduct does not fall within any exception to the statutory immunity afforded the carrier by the Florida Workers’ Compensation Act.