Thursday, September 3, 2009

Summary Judgment Should Be Granted To Employer Under Workers Compensation Statute In Personal Injury Suit Even When Employers Stops Paying Benefits

In Fly and Form, Inc. v. Marquez (3D09-43), the Third District reversed the trial court's order denying Fly and Form's motion for summary judgment in a personal injury lawsuit.  The court held:
Fly and Form moved for summary judgment based on the exclusivity of workers’ compensation benefits and its immunity from suit as Marquez’s employer. We conclude that the trial court erred when it denied Fly & Form’s motion for summary judgment. Fly & Form was not estopped from asserting the exclusivity defense of the workers’ compensation statute, even though it had denied Marquez further workers’ compensation benefits. See Coca-Cola Enters., Inc. v. Montiel, 985 So. 2d 19 (Fla. 2d DCA 2008) (holding the trial court erred in finding, as a matter of law, that Coca-Cola was not entitled to the exclusivity defense of the workers’ compensation statute because the employer had denied the employee workers’ compensation benefits). Accordingly, we reverse the trial court’s final judgment and remand for entry of summary judgment in Fly and Form’s favor.


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