Florida: Construction Worker’s Intentional Tort Action Fails Under “Virtually Certain” Standard

Florida: Construction Worker’s Intentional Tort Action Fails Under “Virtually Certain” Standard

Construing the state’s intentional tort exception to workers' compensation immunity (§ 440.11(1)(b), Fla. Stat.), a Florida appellate court recently affirmed a trial court’s entry of final summary judgment in favor of plaintiff’s statutory employer. The court indicated the record conclusively demonstrated that there were no prior similar accidents or a specific warning explicitly identifying a known danger, that would establish that the statutory employer engaged in conduct it knew was “virtually certain to result in injury or death” to the plaintiff-construction worker. The court added that the unrefuted evidence also demonstrated that the danger or risk was apparent to plaintiff; there was no concealment or misrepresentation by defendant. Since the worker could not establish as a matter of law that the intentional tort exception to workers' compensation immunity was applicable, summary judgment was appropriate.

Reported by Thomas A. Robinson, J.D.

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See Figueroa v. Delant Constr. Co., 2013 Fla. App. LEXIS 11616 (July 24, 2013) [2013 Fla. App. LEXIS 11616 (July 24, 2013)]

See generally Larson’s Workers’ Compensation Law, § 103.04 [103.04]

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.

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