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.