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.
Michael v. Centex-Rooney Construction Company, Inc
645 So.2d 133 (Fla. 4th DCA 1994)
Claimant filed claim for workers' compensation benefits
claiming an employer/employee relationship. JCC ruled
against claimant and while the case was on appeal, the
claimant elected to settle his case for a lump sum
payment from the employer/carrier. Thereafter, a civil
cause of action was filed against the general
contractor of the claimant's employer. Court ruled
that by entering into the lump sum stipulation, the
claimant had elected his remedy and therefore, was
precluded from filing a civil cause of action against
his employer's general contractor. When the injured
party actively pursues and receives workers'
compensation benefits, an election of remedies
precludes the filing of a civil cause of action. On
the other hand, where the injured party does not
actively pursue such benefits, a factual determination
is warranted regarding whether the injury was within
the scope of employment and the claimant can file a
civil cause of action against the employer.