Cases

Civil cause of action filed against employer based on an intentional tort exception to workers' compensation immunity.  This intentional tort exception is applicable where the employer is shown to have either exhibited a deliberate intent to injure the claimant or the employer engaged in conduct which is substantially certain to result in injury or death.  Claimant in this case relied upon this second alternative for establishing an exception to immunity, i.e., the employer engaged in conduct substantially certain to result in injury or death.  In utilizing the standards for determining such conduct by the employer as established in the case of Turner v. PCR, Inc., 754 So. 2d 683, the court determined that based on affidavits submitted in support of a Motion for Summary Judgment, the judge erred in entering an order in favor of the employer based on the exclusivity of liability provisions of the Workers' Compensation Act.  The substantial certainty standard applies where there is substantial certainty of either injury or death.  Because of the disputed issues of material fact as contained in the affidavits of the parties, summary judgment should not have been granted in this case.  Case remanded for further proceedings. (statutory change).