Cases
Workers' Compensation
Listed below is McConnaughhay, Coonrod, Pope, Weaver & Stern, P.A.'s workers' compensation case law database. The database dates back until 1971 and includes over 5500 workers' compensation court decisions.
To view the case summaries, select one of the general topics listed below.
Townsend v. Conshor, Inc., et al
27 FLW D2420
Claimant injured in work related accident and filed a claim for workers' compensation benefits against his employer. While represented by an attorney, he formally settled that claim in his workers' compensation proceeding and executed a general release. Court determined that claimant had elected his remedies by affirmatively seeking benefits under the workers' compensation system and accordingly, was precluded in filing a cause of action against his employer in a civil setting for his injuries. However, such an election of remedies had no application to a claim against the employer for spoliation or negligent destruction of evidence. A spoilation claim is an independent cause of action for negligence against the employer. Court also determined that spoilation claim was not settled by the release signed by the claimant.