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
766 So.2d 1249
Plaintiff's estate filed civil cause of action
against employer. During pendency of civil action,
deceased plantiff's estate settled with employer under
the Workers' Compensation Act. Defendant/employer took
the position that this settlement constituted
an election of remedies precluding civil cause of
action by estate and children of deceased plaintiff.
Pursuant to the terms of the settlement agreement,
there were no admissions as to compensability of the
claim, an employer/employee relationship between the
deceased employee and the employer/defendant and
whether the accident was in the deceased
employee's course and scope of employment. In
addition, no guardian ad litem was appointed to
represent the children in the settlement. Court
determined that settlement in workers' compensation
proceeding did not constitute an election of remedies
precluding civil liability of employer.
Mere acceptance of benefits under the workers'
compensation system is not enough to constitute an
election of remedies precluding civil cause of action.
There was no evidence that claimant's estate had made a
conscious intent to elect a workers' compensation
remedy and to waive civil causes of action
against the employer. Because the workers'
compensation remedy was not pursued to a determination
or conclusion on the merits, there was no election of
remedies. The employer simply opted to "buy" its way
out of the workers' compensation litigation by
resolving the amount claimed in an amount of little
more than a nuisance claim. In addition, there was
nothing in the joint petition settlement agreement that
paid any benefits to the deceased employee/plaintiff's
children. The children's names were mentioned in the
joint petition settlement agreement but the actual
stipulation only related to the claimant of the
surviving spouse of the deceased plaintiff.