Employment & Labor Law
Please select a topic from the drop down list
Total Election Of Remedies Cases: 7
Lluch worked as a custodian/janitor for more
than ten years with ABM Janitorial Services at Miami International Airport. ABM has a
contract with American Airlines to provide cleaning services for American at the airport.
Their contract expressly provides that ABM is an independent contractor. Lluch received
his work instructions from ABM supervisors and they inspected his work. He did not work
with any American employees in any common endeavors and he was prohibited from
having anything to do with baggage handling or cargo. Lluch was injured while working at
the airport pulling a large trash cart toward a garbage corral so he could dump the trash
into a garbage tank. There were numerous motorized vehicles moving around the area
where Lluch was pulling the trash cart. An American baggage handler was operating an
American tractor pulling several luggage carts and hit the trash cart causing it to fall on top
of Lluch. Lluch filed a workers
Read More
Plaintiff was a surgical nurse employed by the hospital in 2002. She suffered from an epileptic seizure condition of which the hospital was made aware via a letter from her neurosurgeon. The hospital was informed she could not drive to or from work due to her condition. However, on a regular shift day, plaintiff called in sick after detecting symptoms of an impending seizure. The hospital called her back and informed her it needed her to come to work
Read More
The claimant was injured in an accident while driving a truck belonging to his employer (FP&L) that was serviced by an independent contractor of the employer. Summary judgment was granted to the employer based on the employer
Read More
The claimant suffered a work related injury and received treatment to the wrong section of her spine. She filed medical malpractice claims against Protegrity as the third party administrator of her workers
Read More
Plath v. Malebranche
18 Fla. L. Weekly Fed. D233a (M.D. Fla. January 4, 2005)
2005-01-04
ELECTION OF REMEDIES
Plaintiff/employee was attending a sales conference in Florida (although she lived and worked in Oregon) and was injured by a co-employee who was riding on the rail of an escalator and fell backwards onto the plaintiff. Plaintiff received benefits under Oregon
Read More
Plaintiff filed complaints asserting discrimination on the basis of handicap and sought recovery under both an administrative action filed with the Florida Commission on Human Relations (FCHR) and under the Florida Civil Rights Act. The actions were brought against the alleged successor in interest of the employer, Compass Retail. Plaintiff secured an administrative award from FCHR. The alleged successor in interest, Jones Lang argued that plaintiff may not recover both an administrative award and pursue a separate civil action. The court denied the motion to dismiss the civil action because the administrative award was secured against Compass and not the defendant successor in interest. Because of the unusual procedural posture the court ordered the plaintiff to make a more definite statement as to his intent to rest on his administrative award, if it were found to be enforceable, or begin anew under the Florida Civil Rights Act.
Read More
Plaintiff filed complaints asserting discrimination on the basis of handicap and sought recovery under both an administrative action filed with the Florida Commission on Human Relations (FCHR) and under the Florida Civil Rights Act. The actions were brought against the alleged successor in interest of the employer, Compass Bank. Plaintiff secured an administrative award with FCHR. The alleged successor in interest to Compass argued that plaintiff may not recover both an administrative award and pursue a separate civil action. The court denied the motion to dismiss the civil action because the administrative award was secured against Compass and not the defendant successor in interest. Because of the unusual procedural posture the court ordered the plaintiff to make a more definite statement as to his intent to rest on his administrative award, if it were found to be enforceable, or begin anew under the Florida Civil Rights Act.
Read More
