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.
Hernandez v. United Contractors Corporation
25 FLW D1603
Deceased employee's spouse settled workers'
compensation claim pursuant to Joint Petition and
thereafter filed civil cause of action against
employer. Employer asserted that the settlement of the
workers' compensation case constitued an election of
remedies thereby precluding a civil cause of action
against the employer. The mere acceptance by the
claimant of compensation benefits under the workers'
compensation system is not enough to constitute an
election of remedies. There must be evidence of a
conscious intent by the claimant to elect the workers'
compensation remedy and to waive any other rights.
Court determined that mere acceptance of a settlement
in this instance did not constitute an election of
remedies. There was no adjudication as to whether the
deceased employee was within the course and scope of
his employment at the time of his death. In addition,
the stipulation in the workers' compensation setting
did not include the children of the deceased employee
and there was no evidence that they had elected any
remedy under the workers' compensation system. Court
determined that in order to effectuate a workers'
compensation settlement for minor children, a legal
guardianship was required pursuant to Section 744.387,
Florida Statutes (1995). Since this was not done,
there could be no settlement of a workers' compensation
claim brought by the minor children.