Florida Court Upholds Rules for Workers’ Compensation Immunity

– The court reaffirmed the tests for exception to workers’ compensation immunity in Florida.
– Plaintiffs must prove intentional or grossly negligent conduct to defeat workers’ compensation immunity.
– The employer was entitled to workers’ compensation immunity, but the co-employee was not based on the allegations in the Complaint.
– The co-employee was alleged to have operated a cement mixing pug mill while the victim was inside, causing his death.
– The plaintiffs had to show circumstances constituting an imminent or clear and present danger, knowledge of the danger by the co-employee, and an act or omission that showed conscious disregard of the consequences. – Co-employee directed the son into the pug mill for cleaning and activated it without using safety systems or checking if the son was inside.
– Jury could find the co-employee grossly negligent.
– Co-employee not entitled to workers’ compensation immunity.
– Parents should be given the opportunity to prove gross negligence claim.
– Employers must require employees to implement and apply required safety measures.
– Failure to do so may result in employers not being entitled to workers’ compensation immunity.

Florida Court Reaffirms Tests For Exception to Workers’ Compensation Immunity