Employment & Labor Law
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Total Workers Compensation Cases: 19
Workers
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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
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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
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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
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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
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Plath v. Malebranche
18 Fla. L. Weekly Fed. D233a (M.D. Fla. January 4, 2005)
2005-01-04
WORKERS COMPENSATION
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
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In the underlying case, Travelers provided a two-part insurance policy for PCR entitled: Workers Compensation and Employers Liability Policy. The latter had an exclusion of coverage for
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The appellant was injured on the job, and allegedly fired because he could not maintain his route. The appellant filed suit in Florida State court under
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The appellee, a crossing-guard for the county, was killed when two vehicles had an accident and one of the vehicles collided with the appellee. At the time of the accident, the traffic signals, under the charge of the county, were not working properly. The appellant filed a motion for JNOV, claiming that the wrongful death action was covered by WC immunity. The trial court denied the motion under the unrelated works exception. The Third DCA reversed holding that the unrelated works exception did not apply because both county workers
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Harper v. Toler
29 Fla. L. Weekly D2370 (Fla. 2nd DCA October 22, 2004)
2004-10-22
WORKERS COMPENSATION
The appellant was injured when a newspaper carrier - substituting for the regular carrier - hit her with his car while she was walking on the sidewalk. The trial court granted summary judgment holding that the substitute carrier was not an employee of the newspaper as a matter of law. The Second DCA reversed the order of summary judgment and remanded on the issues as follows: (1) The trial court erred in its analysis of whether the substitute carrier was an employee because there was insufficient evidence to determine whether the regular carrier was an employee or an independent contractor, and because of this deficiency, it could not be determined if the newspaper was liable because the substitute carrier was a
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The employee was injured when a rickety ladder (known to the employer) gave way, and sued under the intentional tort exception to WC immunity. Based on the employer
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The trial court entered summary judgment against the appellant under
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Employee suffered a compensable injury and received WC benefits through his employer; however an issue arose as to the hourly rate of compensation to be paid to his wife for attendant care. A petition for benefits was filed, as well as an action in tort for the employee
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In the death of an employee case, the appellant appeals summary judgment granted to appellee which denied the appellant workers compensation immunity. The Fourth DCA reversed, holding that the appellant was entitled to workers compensation immunity as a matter of law because the appellant did not attempt to conceal, or fail to warn the decedent of the danger involved, and because of this, the
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Plaintiff filed action for retaliatory discharge under Section 440.205, Florida Statutes. The trial court entered summary judgment on the ground that plaintiff made neither a valid claim for compensation or attempted to claim compensation under the Workers' Compensation Law so as to invoke the protection of the statute. The appellate court affirmed.
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94th Aero Squadron appealed a non-final order denying its Motion for Summary Judgment on the issue of workers
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The plaintiff
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This case involved an appeal by Hodges regarding the trial court granting summary judgment in favor of Citrus World. Hodges had prevailed in a workers
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Judge erred in entering summary judgment in favor of employer where employer failed to conclusively demonstrate that plaintiff's workers' compensation claims were not a substantial factor causing plaintiff
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