Marshall v. Amerisys, Inc.
31 FLW D2967
Suit filed by injured worker receiving workers’ compensation benefits against the managed care systems administrator for employer based on statements allegedly made by nurse case manager handling his claim that claimant had told her that he intended to become “destructive” in regards to how his workers’ compensation claim was being handled. Civil claim filed based on allegations of: negligence, defamation, liable and fraud under Section 440.105(4)(b)1, Florida Statutes; negligence in violating Section 440.134(15), Florida Statutes, by failing to have a grievance procedure to address workers’ compensation issues; and intentional infliction of emotional distress by falsely accusing the claimant of a crime.
Court determined that the managed care company was afforded workers’ compensation exclusive remedy protection in regards to civil claims and that the conduct of the nurse case manager did not rise to the level of a separate and independent intentional tort providing an exception to the exclusive remedy doctrine as defined in the case of Aguilera v. Inservices, Inc., 905 So. 2d 84 (Fla. 2005).