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.
Moniz v. Reitano Enterprises, Inc.
21 FLW D803
Claimant settled her workers' compensation claim
against employer and thereafter filed a civil cause of
action against the employer for sexual harassment based
upon the same conduct that was the subject of the
workers' compensation settlement. Court determined
that civil cause of action based upon a sexual
harassment claim is independent of a workers'
compensation claim involving the same conduct and
accordingly, the civil cause of action could proceed
notwithstanding the fact that the claimant had settled
her workers' compensation claim. The workers'
compensation statute is not the exclusive remedy for
claims based on sexual harassment in the workplace.
See Byrd v. Richardson Greenshields Securities, Inc.
552 So. 2d 1088 (Fla. 1989). The Election of Remedies
Doctrine did not prevent the filing of a civil cause of
action when the workers' compensation claim had been
settled in this instance. The civil cause of action
was requesting damages that were not awardable in the
workers' compensation system.