Cases

This was a decision by the Third District Court of Appeals.Claimant suffered accident on the job and sought payment of workers' compensation benefits which were paid by the employer/carrier. Thereafter, the employer terminated the claimant's employment because of "long term absenteeism." Civil cause of action filed pursuant to Section 440.205, Florida Statutes, alleging that the claimant was terminated by reason of her valid claim for workers' compensation benefits following her on-the-job injury. Jury verdict returned in favor of claimant and this appeal was taken.

The basis of the appeal was that the court should have granted a Motion for Summary Judgment and Motion for Directed Verdict in favor of the employer prior to the case being referred to a jury for determination. Court determined that a directed verdict is proper only when the record conclusively shows an absence of facts or inferences from facts to support a jury verdict, reviewing the evidence in light most favorable to the non-moving party. The court determined that generally speaking, an employer does not announce or state in writing that it is discharging an employee because he or she has filed a workers' compensation claim.  Accordingly, employee actions for a retaliatory discharge under Section 440.205, F.S., are often ill-suited for final disposition on a Motion for Summary Judgment.  Court affirmed lower court's denial of Motion for Directed Verdict or Motion for Summary Judgment.