Cases

(4th DCA) Where an employer denies a claim for workers' compensation benefits on the basis that the injury did not occur within the course and scope of employment or that there was no employment relationship between the employer and the claimant, the employer may be estopped from asserting in a later tort action that the workers' compensation exclusive remedy was applicable precluding the civil cause of action provided the employee can satisfy the elements of estoppel.  For the possibility of estoppel to arise, however, the employer's assertion of workers' compensation immunity must be clearly irreconcilable with the reason for its initial denial of the workers' compensation claim.  Estoppel is only available when the employer attempts to take inconsistent positions. 

In this case, contractor claimed in the workers' compensation case that the employee of a subcontract was not its statutory employee because of the fact that the real employer was the subcontractor which had workers' compensation coverage.  Court determined that the contractor's position in this instance that there was no employer/employee relationship did not prevent nor was the employer estopped in asserting exclusive remedy defenses in subsequent civil cause of action.