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.