Mejia v. Chevron
35 FLW D2285
Claimant's injuries were not compensable under the Florida Workers' Compensation law because the work related accident was not the major contributing cause of the injuries. Claimant argued that the major contributing cause standard for determining benefits due under the Workers' Compensation Act was unconstitutional since she was barred from bringing a civil cause of action for negligently inflicting injury in a work related accident under the exclusive remedy provisions of the workers' compensation act. Court on appeal declined to respond to question since no civil cause of action had been filed against the employer or had the employer raised the affirmative defense of workers' compensation immunity/exclusivity.