Vasquez and Hernandez v. Sorrells Grove Care, Inc.
32 FLW D1968
Claimant settled his workers’ compensation case and thereafter filed civil cause of action against employer. The question in this case was whether the claimant had elected his remedies under the workers’ compensation statute to the exclusion of a civil claim.
In citing the case of Jones v. Martin Electronics, Inc., 932 So. 2d 1100 (Fla. 2006), the court determined that there was no election of remedies since there was no conscious intent on the part of the claimant to choose to receive workers’ compensation benefits and reject awardable damages in a potential tort claim. Even though there was a stipulation in the settlement agreement that the claimant suffered a compensable injury, this did not constitute a knowing waiver of the claimant’s common law rights of a civil cause of action against the employer. In addition, the claimant did not pursue the workers’ compensation claim to a conclusion on the merits. The workers’ compensation release specifically stated that the settlement was not to be construed as an election of remedies and that the claimant was reserving his rights to a civil tort claim. The settlement did not say that the disputed issues in the workers’ compensation proceedings had been determined on the merits.
Even though the workers’ compensation settlement did not preclude a civil cause of action, and the claimant did not make an election of remedies, the claimant having accepted benefits from the workers’ compensation carrier is not entitled to an impermissible double recovery for the same damages. See Section 440.39(3)(a), Florida Statutes.