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.
Gayer v. Fine Line Construction & Electric, Inc.
33 FLW D659
Claimant was employed by a help supply services company that leased temporary workers to construction companies. Claim filed against help supply services company based upon a spoiliation of evidence for failure to preserve a ladder from which the claimant fell. It was undisputed that the help supply services company never obtained possession of the ladder and accordingly, had no duty under Section 440.39(7), Florida Statutes, to acquire and preserve evidence. Accordingly, summary judgment in favor of help supply services company affirmed on appeal. In regards to the client company that was using the leased temporary employee, a special employer using a laborer from a help supply services company has a duty under Section 440.39(7), Florida Statutes, to preserve evidence for a potential claim by the injured laborer against a third party tortfeasor.