Florida Statute 440.11 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

View Entire Chapter

440.11 Exclusiveness of liability.—

(1) The liability of an employer prescribed in s. 440.10 shall be exclusive and in place of all other liability, including vicarious liability, of such employer to any third-party tortfeasor and to the employee, the legal representative thereof, husband or wife, parents, dependents, next of kin, and anyone otherwise entitled to recover damages from such employer at law or in admiralty on account of such injury or death, except as follows:

(a) If an employer fails to secure payment of compensation as required by this chapter, an injured employee, or the legal representative thereof in case death results from the injury, may elect to claim compensation under this chapter or to maintain an action at law or in admiralty for damages on account of such injury or death. In such action the defendant may not plead as a defense that the injury was caused by negligence of a fellow employee, that the employee assumed the risk of the employment, or that the injury was due to the comparative negligence of the employee.

(b) When an employer commits an intentional tort that causes the injury or death of the employee. For purposes of this paragraph, an employer’s actions shall be deemed to constitute an intentional tort and not an accident only when the employee proves, by clear and convincing evidence, that:

1. The employer deliberately intended to injure the employee; or

2. The employer engaged in conduct that the employer knew, based on prior similar accidents or on explicit warnings specifically identifying a known danger, was virtually certain to result in injury or death to the employee, and the employee was not aware of the risk because the danger was not apparent and the employer deliberately concealed or misrepresented the danger so as to prevent the employee from exercising informed judgment about whether to perform the work.

The same immunities from liability enjoyed by an employer shall extend as well to each employee of the employer when such employee is acting in furtherance of the employer’s business and the injured employee is entitled to receive benefits under this chapter. Such fellow-employee immunities shall not be applicable to an employee who acts, with respect to a fellow employee, with willful and wanton disregard or unprovoked physical aggression or with gross negligence when such acts result in injury or death or such acts proximately cause such injury or death, nor shall such immunities be applicable to employees of the same employer when each is operating in the furtherance of the employer’s business but they are assigned primarily to unrelated works within private or public employment. The same immunity provisions enjoyed by an employer shall also apply to any sole proprietor, partner, corporate officer or director, supervisor, or other person who in the course and scope of his or her duties acts in a managerial or policymaking capacity and the conduct which caused the alleged injury arose within the course and scope of said managerial or policymaking duties and was not a violation of a law, whether or not a violation was charged, for which the maximum penalty which may be imposed does not exceed 60 days’ imprisonment as set forth in s. 775.082. The immunity from liability provided in this subsection extends to county governments with respect to employees of county constitutional officers whose offices are funded by the board of county commissioners.

(2) The immunity from liability described in subsection (1) shall extend to an employer and to each employee of the employer which uses the services of the employees of a help supply services company, as set forth in North American Industrial Classification System Codes 561320 and 561330, when such employees, whether management or staff, are acting in furtherance of the employer’s business. An employee so engaged by the employer shall be considered a borrowed employee of the employer and, for the purposes of this section, shall be treated as any other employee of the employer. The employer shall be liable for and shall secure the payment of compensation to all such borrowed employees as required in s. 440.10, except when such payment has been secured by the help supply services company.

(3) An employer’s workers’ compensation carrier, service agent, or safety consultant shall not be liable as a third-party tortfeasor to employees of the employer or employees of its subcontractors for assisting the employer and its subcontractors, if any, in carrying out the employer’s rights and responsibilities under this chapter by furnishing any safety inspection, safety consultative service, or other safety service incidental to the workers’ compensation or employers’ liability coverage or to the workers’ compensation or employer’s liability servicing contract. Without limitation, a safety consultant may include an owner, as defined in chapter 713, or an owner’s related, affiliated, or subsidiary companies and the employees of each. The exclusion from liability under this subsection shall not apply in any case in which injury or death is proximately caused by the willful and unprovoked physical aggression, or by the negligent operation of a motor vehicle, by employees, officers, or directors of the employer’s workers’ compensation carrier, service agent, or safety consultant.

(4) Notwithstanding the provisions of s. 624.155, the liability of a carrier to an employee or to anyone entitled to bring suit in the name of the employee shall be as provided in this chapter, which shall be exclusive and in place of all other liability.

History.—s. 11, ch. 17481, 1935; CGL 1936 Supp. 5966(11); s. 1, ch. 70-25; s. 1, ch. 71-190; s. 4, ch. 75-209; ss. 2, 23, ch. 78-300; ss. 6, 124, ch. 79-40; s. 21, ch. 79-312; s. 3, ch. 83-305; s. 1, ch. 88-284; ss. 8, 43, ch. 89-289; ss. 16, 56, ch. 90-201; ss. 14, 52, ch. 91-1; s. 16, ch. 93-415; s. 108, ch. 97-103; s. 14, ch. 2003-412; s. 5, ch. 2013-141.

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Amendments to 440.11

Annotations, Discussions, Cases:

Cases Citing Statute 440.11

Total Results: 528

Florida Dept. of Transp. v. Juliano

801 So. 2d 101, 26 Fla. L. Weekly Supp. 784, 2001 Fla. LEXIS 2275, 2001 WL 1472591

Supreme Court of Florida | Filed: Nov 21, 2001 | Docket: 1744871

Cited 223 times | Published

because the "unrelated works" exception under section 440.11(1), Florida Statutes (1997),[1] did not apply

Byrd v. Richardson-Greenshields Securities, Inc.

552 So. 2d 1099, 14 Fla. L. Weekly 549, 7 I.E.R. Cas. (BNA) 1782, 1989 Fla. LEXIS 1057, 51 Empl. Prac. Dec. (CCH) 39,446, 58 Fair Empl. Prac. Cas. (BNA) 1606, 1989 WL 128596

Supreme Court of Florida | Filed: Oct 26, 1989 | Docket: 1200796

Cited 126 times | Published

453 So.2d 468, 470 (Fla.2d DCA 1984). Indeed, section 440.11, Florida Statutes (1987), provides that workers'

Houdaille Industries, Inc. v. Edwards

374 So. 2d 490, 1979 Fla. LEXIS 4730

Supreme Court of Florida | Filed: Jul 5, 1979 | Docket: 2448288

Cited 112 times | Published

employer to the manufacturer is not barred by section 440.11(1) because that statute is unconstitutional

Reeves v. Fleetwood Homes of Florida, Inc.

889 So. 2d 812, 29 Fla. L. Weekly Supp. 783, 2004 Fla. LEXIS 2254, 2004 WL 2922141

Supreme Court of Florida | Filed: Dec 16, 2004 | Docket: 1488211

Cited 106 times | Published

pursuant to the Workers' Compensation Act, section 440.11 of the Florida Statutes (Supp.1990). The trial

Reeves v. Fleetwood Homes of Florida, Inc.

889 So. 2d 812, 29 Fla. L. Weekly Supp. 783, 2004 Fla. LEXIS 2254, 2004 WL 2922141

Supreme Court of Florida | Filed: Dec 16, 2004 | Docket: 1488211

Cited 106 times | Published

pursuant to the Workers' Compensation Act, section 440.11 of the Florida Statutes (Supp.1990). The trial

Mandico v. Taos Const., Inc.

605 So. 2d 850, 17 Fla. L. Weekly Supp. 445, 1992 Fla. LEXIS 1242, 1992 WL 158194

Supreme Court of Florida | Filed: Jul 9, 1992 | Docket: 1343653

Cited 75 times | Published

Taos and its employee had no immunity under section 440.11(1), Florida Statutes (1983),[1] because he

Walker & LaBerge, Inc. v. Halligan

344 So. 2d 239

Supreme Court of Florida | Filed: Mar 17, 1977 | Docket: 474714

Cited 72 times | Published

by the exclusiveness of liability provisions of § 440.11 from action at law or in admiralty on account

Turner v. PCR, INC.

754 So. 2d 683, 2000 WL 232595

Supreme Court of Florida | Filed: Mar 2, 2000 | Docket: 431377

Cited 70 times | Published

employment." § 440.09(1), Fla. Stat. (1997); see also § 440.11, Fla. Stat. (1997). While providing employees

Fisher v. Shenandoah General Construction Co.

498 So. 2d 882, 11 Fla. L. Weekly 602, 1986 Fla. LEXIS 2916

Supreme Court of Florida | Filed: Nov 26, 1986 | Docket: 2118628

Cited 59 times | Published

employment. § 440.09(1), Fla. Stat. (1979). Section 440.11(1), Florida Statutes (1979), provides that

Jones v. Florida Power Corp.

72 So. 2d 285, 1954 Fla. LEXIS 1403

Supreme Court of Florida | Filed: Apr 6, 1954 | Docket: 456566

Cited 59 times | Published

plaintiff as a third-party tort-feasor, since Section 440.11 provides that "The liability of an employer

Eller v. Shova

630 So. 2d 537, 1993 WL 502594

Supreme Court of Florida | Filed: Dec 9, 1993 | Docket: 2518340

Cited 55 times | Published

Court of Appeal found the 1988 amendment to section 440.11(1), Florida Statutes (1989), which is a part

Conklin v. Cohen

287 So. 2d 56

Supreme Court of Florida | Filed: Dec 5, 1973 | Docket: 1653027

Cited 54 times | Published

entitled to the benefit of the immunity provided by § 440.11, Fla. Stat., F.S.A. As to the architect, the contract

Travelers Indem. Co. v. PCR INC.

889 So. 2d 779, 29 Fla. L. Weekly Supp. 774, 2004 Fla. LEXIS 2243, 2004 WL 2815321

Supreme Court of Florida | Filed: Dec 9, 2004 | Docket: 453257

Cited 52 times | Published

codified in chapter 440, Florida Statutes. Section 440.11, the exclusive-remedy provision, provides that

Streeter v. Sullivan

509 So. 2d 268

Supreme Court of Florida | Filed: May 21, 1987 | Docket: 132061

Cited 52 times | Published

being one of great public importance: DOES SECTION 440.11(1), FLORIDA STATUTES (1983) PERMIT SUITS AGAINST

Allstate Ins. Co. v. Boynton

486 So. 2d 552, 11 Fla. L. Weekly 97

Supreme Court of Florida | Filed: Mar 13, 1986 | Docket: 467697

Cited 51 times | Published

because Sears was immune from tort suit under section 440.11, Florida Statutes.[2] The trial court granted

Lawton v. Alpine Engineered Products, Inc.

498 So. 2d 879, 11 Fla. L. Weekly 619, 1986 Fla. LEXIS 2895

Supreme Court of Florida | Filed: Nov 26, 1986 | Docket: 1699894

Cited 41 times | Published

employment. § 440.09(1), Fla. Stat. (1979). Section 440.11(1), Florida Statutes (1979), states that compensation

Sasso v. Ram Property Management

431 So. 2d 204

District Court of Appeal of Florida | Filed: Apr 29, 1983 | Docket: 456088

Cited 40 times | Published

Specific sections of Chapter 440, most notably section 440.11, which provides for exclusivity of remedy,

Seaboard Coast Line RR Co. v. Smith

359 So. 2d 427

Supreme Court of Florida | Filed: Jun 13, 1978 | Docket: 165672

Cited 38 times | Published

for decision here is the constitutionality of Section 440.11, Florida Statutes (1975),[1] insofar as it

Mangin v. Westco Security Systems, Inc.

922 F. Supp. 563, 6 Am. Disabilities Cas. (BNA) 1701, 1996 U.S. Dist. LEXIS 4561, 1996 WL 173026

District Court, M.D. Florida | Filed: Feb 2, 1996 | Docket: 1651313

Cited 35 times | Published

by defendant is derived from Florida Statute section 440.11(1) which provides that workers' compensation

Chorak v. Naughton

409 So. 2d 35

District Court of Appeal of Florida | Filed: Feb 5, 1982 | Docket: 525824

Cited 35 times | Published

ground that they were immune from suit under section 440.11, Florida Statutes (1977). The court granted

Cunningham v. Anchor Hocking Corp.

558 So. 2d 93, 1990 WL 19935

District Court of Appeal of Florida | Filed: Mar 1, 1990 | Docket: 1726292

Cited 33 times | Published

provision of the Workers' Compensation Act (Section 440.11, Florida Statutes); (2) whether the trial court

Marlene Studstill v. Borg Warner Leasing, a Division of Borg Warner Acceptance Corporation, a Foreign Corporation

806 F.2d 1005, 6 Fed. R. Serv. 3d 834, 1986 U.S. App. LEXIS 35031, 42 Empl. Prac. Dec. (CCH) 36,759, 50 Fair Empl. Prac. Cas. (BNA) 427

Court of Appeals for the Eleventh Circuit | Filed: Dec 22, 1986 | Docket: 798277

Cited 33 times | Published

barred by the exclusivity defense of the Act, § 440.11.2. 1 Borg Warner further alleged that

Frantz v. McBee Company

77 So. 2d 796

Supreme Court of Florida | Filed: Feb 4, 1955 | Docket: 1764352

Cited 32 times | Published

provisions of our Workmen's Compensation Act, Section 440.11, Florida Statutes, F.S.A. There is no merit

Holmes County School Bd. v. Duffell

651 So. 2d 1176, 20 Fla. L. Weekly Supp. 110, 1995 Fla. LEXIS 375, 1995 WL 94412

Supreme Court of Florida | Filed: Mar 9, 1995 | Docket: 476464

Cited 30 times | Published

School Board sought summary judgment pursuant to section 440.11(1), Florida Statutes (1991), alleging that

Sunspan Eng. & Const. Co. v. SPRING-LOCK SCAFFOLD. CO.

310 So. 2d 4

Supreme Court of Florida | Filed: Jan 29, 1975 | Docket: 1281120

Cited 30 times | Published

The interlocutory order held unconstitutional Section 440.11(1), F.S. 1972, insofar as it was sought to

Connelly v. Arrow Air, Inc.

568 So. 2d 448, 1990 WL 91884

District Court of Appeal of Florida | Filed: Jul 3, 1990 | Docket: 2526231

Cited 29 times | Published

workers' compensation immunity provided by section 440.11(1), Florida Statutes (1983), is not a bar because

Sierra v. Associated Marine Institutes, Inc.

850 So. 2d 582, 2003 WL 21393941

District Court of Appeal of Florida | Filed: Jun 18, 2003 | Docket: 1783684

Cited 28 times | Published

Law immunized AMI and BCWI from liability. Section 440.11, Florida Statutes (1997), protects employers

Weber v. Dobbins

616 So. 2d 956, 1993 WL 74253

Supreme Court of Florida | Filed: Mar 18, 1993 | Docket: 1726588

Cited 27 times | Published

public importance: DO THE IMMUNITIES PROVIDED BY SECTION 440.11, FLORIDA STATUTES (1983), EXTEND TO A CORPORATE

Miami Roofing & Sheet Metal Co. v. Kindt

48 So. 2d 840, 1950 Fla. LEXIS 1597

Supreme Court of Florida | Filed: Nov 21, 1950 | Docket: 543651

Cited 27 times | Published

contractor." This contention cannot be sustained. Section 440.11, Florida Statutes, same F.S.A., provides that

Vernon v. Medical Management Associates of Margate, Inc.

912 F. Supp. 1549, 1996 U.S. Dist. LEXIS 520, 1996 WL 18791

District Court, S.D. Florida | Filed: Jan 16, 1996 | Docket: 1814926

Cited 24 times | Published

Compensation Act. See Fla.Stat. § 440.10 et seq. Section 440.11(1) of the Act provides that employees who are

Mullarkey v. Florida Feed Mills, Inc.

268 So. 2d 363

Supreme Court of Florida | Filed: Oct 25, 1972 | Docket: 1476990

Cited 24 times | Published

or reject the Act as part of the work contract; § 440.11, making the Act the exclusive source of liability

State v. Luckie

145 So. 2d 239

District Court of Appeal of Florida | Filed: Sep 18, 1962 | Docket: 1286509

Cited 23 times | Published

Builder, to its statutory liability under Section 440.11, we do not think that the general contractor

Ross v. Baker

632 So. 2d 224, 1994 WL 46965

District Court of Appeal of Florida | Filed: Feb 18, 1994 | Docket: 462443

Cited 22 times | Published

provided to corporate officers and supervisors in section 440.11(1), Florida Statutes (1989). A few days later

Florida Ins. Guar. Ass'n v. Revoredo

698 So. 2d 890, 1997 WL 525289

District Court of Appeal of Florida | Filed: Aug 27, 1997 | Docket: 1524262

Cited 21 times | Published

contractors who sublet part of their work to others. Section 440.11 provides that the liability established in

Cadillac Fairview of Florida, Inc. v. Cespedes

468 So. 2d 417

District Court of Appeal of Florida | Filed: Apr 30, 1985 | Docket: 400975

Cited 20 times | Published

the exclusiveness of liability provisions of section 440.11, Florida Statutes (1979),[2] Cadillac was immune

Sullivan v. ATLANTIC FEDERAL SAV. & LOAN ASS'N.

454 So. 2d 52

District Court of Appeal of Florida | Filed: Aug 8, 1984 | Docket: 1508417

Cited 20 times | Published

provision of the Florida Workers' Compensation Law, section 440.11(1), Florida Statutes (1983). Plaintiff maintains

Old Republic Ins. Co. v. Whitworth

442 So. 2d 1078

District Court of Appeal of Florida | Filed: Dec 20, 1983 | Docket: 2490417

Cited 20 times | Published

no jurisdiction and the claim was barred by Section 440.11, Florida Statutes (1981))[1] was stricken,

Collins v. Federated Mutual Imp. & Hdwe. Ins. Co.

247 So. 2d 461

District Court of Appeal of Florida | Filed: Apr 23, 1971 | Docket: 1461459

Cited 20 times | Published

entitled to immunity under the provisions of Section 440.11, Florida Statutes, F.S.A. It is from this final

Motchkavitz v. LC Boggs Industries, Inc.

407 So. 2d 910

Supreme Court of Florida | Filed: Dec 10, 1981 | Docket: 244604

Cited 18 times | Published

payment." § 440.10(1), Fla. Stat. (1971).[1] Section 440.11(1) provides that the liability of an employer

Allen v. Estate of Carman

281 So. 2d 317

Supreme Court of Florida | Filed: Jul 31, 1973 | Docket: 339124

Cited 18 times | Published

compensation barred the suit *320 under 15 F.S.A. § 440.11 and that § 440.04(3) ... dispensed with the requirement

Sanders v. City of Orlando

997 So. 2d 1089, 2008 WL 4346438

Supreme Court of Florida | Filed: Dec 18, 2008 | Docket: 2490336

Cited 17 times | Published

that causes the injury or death of the employee. § 440.11(1)(a)-(b), Fla. Stat. (2001) (emphasis supplied)

Travelers Indemnity Co. v. Royal Oak Enterprises, Inc.

344 F. Supp. 2d 1358, 2004 WL 3770569, 2004 U.S. Dist. LEXIS 23353

District Court, M.D. Florida | Filed: Oct 13, 2004 | Docket: 2270334

Cited 17 times | Published

injury to Mr. Tilton. [8] See Doc. 140. [9] § 440.11, Fla. Stat. (2002). Mr. Argo was aware of this

Jacobsen v. Stores

882 So. 2d 431, 2004 WL 1877558

District Court of Appeal of Florida | Filed: Aug 24, 2004 | Docket: 1686221

Cited 17 times | Published

The JCC erred by concluding the amendments to section 440.11(c), Florida Statutes, divested her of the subject

Saintida v. Tyre, L.

783 F. Supp. 1368, 1992 U.S. Dist. LEXIS 1698, 1992 WL 25072

District Court, S.D. Florida | Filed: Jan 10, 1992 | Docket: 2505922

Cited 17 times | Published

the Florida Workers' Compensation Act, Fla.Stat. § 440.11, are inapplicable. Accordingly, compensation for

Schwartz v. Zippy Mart, Inc.

470 So. 2d 720, 50 Fair Empl. Prac. Cas. (BNA) 464

District Court of Appeal of Florida | Filed: May 7, 1985 | Docket: 1260947

Cited 17 times | Published

falling within its purview. See Grice, supra, and Section 440.11, Florida Statutes (1979), which provides: 440

Sullivan v. Liberty Mut. Ins. Co.

367 So. 2d 658

District Court of Appeal of Florida | Filed: Jan 31, 1979 | Docket: 1697751

Cited 17 times | Published

against a common law action by an employee under Section 440.11, F.S.A. as it existed prior to July 1, 1970

Warwick v. Hudson Pulp & Paper Co. Inc.

303 So. 2d 701, 1974 Fla. App. LEXIS 8375

District Court of Appeal of Florida | Filed: Nov 19, 1974 | Docket: 1313891

Cited 17 times | Published

exclusiveness of remedy embodied in Fla. Stat. § 440.11, F.S.A. appears to be a rational mechanism for

Smith v. Ryder Truck Rentals, Inc.

182 So. 2d 422, 1966 Fla. LEXIS 3884

Supreme Court of Florida | Filed: Feb 16, 1966 | Docket: 1486896

Cited 17 times | Published

employer under the Workmen's Compensation Act, § 440.11, Fla. Stat., F.S.A., extends to the employer's

Vause v. Bay Medical Center

687 So. 2d 258, 1996 WL 738386

District Court of Appeal of Florida | Filed: Dec 30, 1996 | Docket: 1718860

Cited 16 times | Published

immunity and the employer's tort immunity under section 440.11, Florida Statutes, as well as the plaintiff's

FLA., BIRTH-RELATED NICA v. McKaughan

668 So. 2d 974

Supreme Court of Florida | Filed: Feb 29, 1996 | Docket: 2526353

Cited 16 times | Published

context of the exclusive remedy established by section 440.11. Although the court recognized that one of

Emergency One, Inc. v. Keffer

652 So. 2d 1233, 1995 WL 147271

District Court of Appeal of Florida | Filed: Apr 6, 1995 | Docket: 476215

Cited 16 times | Published

Moore v. Morris, 475 So.2d 666 (Fla. 1985). Section 440.11(1), Florida Statutes (1993) limits liability

Smith v. Ussery

261 So. 2d 164

Supreme Court of Florida | Filed: Mar 29, 1972 | Docket: 1358219

Cited 16 times | Published

remedy of workmen's compensation under Fla. Stat. § 440.11, F.S.A. The "common employer" section of the statute

Grice v. Suwannee Lumber Manufacturing Company

113 So. 2d 742, 1959 Fla. App. LEXIS 2655

District Court of Appeal of Florida | Filed: Jul 7, 1959 | Docket: 1490806

Cited 16 times | Published

Inc., 179 Tenn. 284, 165 S.W.2d 577. [4] F.S. § 440.11, F.S.A. [5] F.S. § 440.15(3) (a) to (t), inclusive

Veliz v. Rental Service Corp. USA, Inc.

313 F. Supp. 2d 1317, 2003 U.S. Dist. LEXIS 24924, 2003 WL 23355662

District Court, M.D. Florida | Filed: Dec 19, 2003 | Docket: 406248

Cited 15 times | Published

comes to bear." See id. at 1347 (citing Fla. Stat. § 440.11). At the time of the accident here, the Lull 844C-42

Crawford v. Florida Steel Corp.

478 So. 2d 855, 1985 WL 661617

District Court of Appeal of Florida | Filed: Nov 8, 1985 | Docket: 1484773

Cited 15 times | Published

covering Crawford, or see that it was carried. Section 440.11(1), Florida Statutes (1979). It is the obligation

Gold Coast Crane Service, Inc. v. Watier

257 So. 2d 249

Supreme Court of Florida | Filed: Jul 28, 1971 | Docket: 372919

Cited 15 times | Published

insurance. Defendants asserted as a defense Fla. Stat. § 440.11, F.S.A., as exclusive remedy. The trial court

Trail Builders Supply Company v. Reagan

235 So. 2d 482

Supreme Court of Florida | Filed: Mar 18, 1970 | Docket: 730897

Cited 15 times | Published

employee's remedy against his employer,[1] citing, § 440.11, Florida Statutes, F.S.A.,[2] and arguing that

Smith v. Poston Equipment Rentals

105 So. 2d 578

District Court of Appeal of Florida | Filed: Sep 25, 1958 | Docket: 1753165

Cited 15 times | Published

subcontractor who has secured such payment." Further, section 440.11, Fla. Stat., F.S.A., makes workman's compensation

Winn-Lovett Tampa v. Murphree

73 So. 2d 287, 1954 Fla. LEXIS 1527

Supreme Court of Florida | Filed: Jun 18, 1954 | Docket: 322271

Cited 15 times | Published

unlawfully employed, * * *." (Emphasis added.) Section 440.11, Workmen's Compensation Act, relative to liability

In Re Standard Jury Instructions in Civil Cases—Report No. 09-01

35 So. 3d 666, 35 Fla. L. Weekly Supp. 149, 2010 Fla. LEXIS 302

Supreme Court of Florida | Filed: Mar 4, 2010 | Docket: 1646266

Cited 14 times | Published

exception" in workers' compensation cases. See § 440.11(1)(b), Fla. Stat. (2009). In Re: Standard Jury

Humana of Florida, Inc. v. McKaughan

652 So. 2d 852

District Court of Appeal of Florida | Filed: Mar 3, 1995 | Docket: 476328

Cited 14 times | Published

place of all other liability of such employer." § 440.11(1), Fla. Stat. (Supp. 1994). In the context of

Halifax Paving, Inc. v. SCOTT & JOBALIA CONST. CO.

565 So. 2d 1346, 15 Fla. L. Weekly Supp. 404, 1990 Fla. LEXIS 960, 1990 WL 107463

Supreme Court of Florida | Filed: Jul 26, 1990 | Docket: 1725875

Cited 14 times | Published

principle of worker's compensation comes to bear. See § 440.11, Fla. Stat. (1987). We see no reason why a different

Iglesia v. Floran

394 So. 2d 994

Supreme Court of Florida | Filed: Feb 19, 1981 | Docket: 1692229

Cited 14 times | Published

unconstitutionality of a 1978 amendment to section 440.11(1), Florida Statutes (1977).[1] This amendment

Firestone Tire & Rubber Co. v. Thompson Aircraft Tire Corp.

353 So. 2d 137, 1977 Fla. App. LEXIS 17171

District Court of Appeal of Florida | Filed: Nov 22, 1977 | Docket: 2555599

Cited 14 times | Published

DCA 1976). Thus, as long as the provisions of Section 440.11(1) do not bar his claim, appellant could state

Quality Shell Homes & Supply Company v. Roley

186 So. 2d 837, 1966 Fla. App. LEXIS 5420

District Court of Appeal of Florida | Filed: May 26, 1966 | Docket: 533034

Cited 14 times | Published

the exclusiveness of liability provisions of Section 440.11, Florida Statutes?" The appellee in his brief

Saleeby v. Rocky Elson Construction, Inc.

3 So. 3d 1078, 34 Fla. L. Weekly Supp. 106, 2009 Fla. LEXIS 147, 2009 WL 217974

Supreme Court of Florida | Filed: Jan 30, 2009 | Docket: 1653006

Cited 13 times | Published

from tort liability as an employer pursuant to section 440.11(1), Florida Statutes (1999). Saleeby contended

Taylor v. School Bd. of Brevard County

888 So. 2d 1, 29 Fla. L. Weekly Supp. 421, 2004 Fla. LEXIS 1322, 2004 WL 1846219

Supreme Court of Florida | Filed: Aug 19, 2004 | Docket: 1697169

Cited 13 times | Published

unrelated works within private or public employment." § 440.11(1), Fla. Stat. (1999)[1] (emphasis supplied).

Hastings v. Demming

682 So. 2d 1107, 1996 WL 425056

District Court of Appeal of Florida | Filed: Jul 31, 1996 | Docket: 1681051

Cited 13 times | Published

entitled to workers' compensation immunity under section 440.11, Florida Statutes (1991), in that the facts

Lowry v. Logan

650 So. 2d 653, 1995 WL 49127

District Court of Appeal of Florida | Filed: Feb 9, 1995 | Docket: 1345412

Cited 13 times | Published

injuries suffered by the independent contractor. § 440.11, Fla. Stat. (1991). Under section 440.04, however

General Motors Acceptance Corp. v. David

632 So. 2d 123, 1994 WL 33658

District Court of Appeal of Florida | Filed: Feb 9, 1994 | Docket: 1514034

Cited 13 times | Published

immunity pursuant to section 440.11(1), Florida Statutes (1991). Section 440.11(1) grants employers and

City of Miami v. Perez

509 So. 2d 343, 12 Fla. L. Weekly 1384

District Court of Appeal of Florida | Filed: Jun 2, 1987 | Docket: 1715396

Cited 13 times | Published

suit under the Workmen's Compensation Statute, Section 440.11, Fla. Stat. (1975). [4] Although there were

Martha Locke v. SunTrust Bank

484 F.3d 1343, 2007 WL 1174893

Court of Appeals for the Eleventh Circuit | Filed: Apr 23, 2007 | Docket: 398902

Cited 12 times | Published

liability of such employer .... ” Id. § 440.11. This is sometimes known as the workers’ compensation

Aguilera v. Inservices, Inc.

905 So. 2d 84, 2005 WL 1403993

Supreme Court of Florida | Filed: Jun 16, 2005 | Docket: 2104286

Cited 12 times | Published

doctrine of statutory immunity provided by section 440.11 of the Florida Statutes (2000), the trial court

Carib Ocean Shipping, Inc. v. Armas

854 So. 2d 234, 2003 Fla. App. LEXIS 13202, 2003 WL 22047378

District Court of Appeal of Florida | Filed: Sep 3, 2003 | Docket: 1460097

Cited 12 times | Published

Inc., a "help-supply services company," under section 440.11(2), Florida Statutes (2002), which also employed

Byerley v. Citrus Pub., Inc.

725 So. 2d 1230, 1999 WL 22262

District Court of Appeal of Florida | Filed: Jan 22, 1999 | Docket: 1688776

Cited 12 times | Published

by the Florida's Workers' Compensation Act, section 440.11(1995), Florida Statutes, and thus an independent

Martin Electronics, Inc. v. Glombowski

705 So. 2d 26, 1997 WL 525241

District Court of Appeal of Florida | Filed: Aug 26, 1997 | Docket: 1753905

Cited 12 times | Published

to workers' compensation immunity ... [2] Section 440.11(1), Florida Statutes (1995) provides in pertinent

Rabon v. Inn of Lake City, Inc.

693 So. 2d 1126, 1997 Fla. App. LEXIS 5603, 1997 WL 268489

District Court of Appeal of Florida | Filed: May 22, 1997 | Docket: 435368

Cited 12 times | Published

from civil liability to Rabon by virtue of section 440.11, Florida Statutes (1991). We conclude that

Edwards v. Caulfield

560 So. 2d 364, 1990 WL 52798

District Court of Appeal of Florida | Filed: Apr 27, 1990 | Docket: 1477904

Cited 12 times | Published

per week. * * * * * * 13. I have reviewed Florida Statute 440.11(d)(1)(a) as pointed to by the Employer/Carrier

Sullivan v. Streeter

485 So. 2d 893, 11 Fla. L. Weekly 776

District Court of Appeal of Florida | Filed: Apr 2, 1986 | Docket: 1680930

Cited 12 times | Published

appeal resulted. The point on appeal is whether Section 440.11(1), Florida Statutes (1983) provides similar

Velez v. Oxford Development Co.

457 So. 2d 1388

District Court of Appeal of Florida | Filed: Oct 30, 1984 | Docket: 426170

Cited 12 times | Published

remedy for recovery against the employer. See § 440.11. That remedy is not available, however, where

Centennial Insurance Co. v. Wallace

330 So. 2d 815

District Court of Appeal of Florida | Filed: Apr 6, 1976 | Docket: 1774810

Cited 12 times | Published

nevertheless, FPL was immune from liability by virtue of § 440.11, Fla. Stat.[1] Mrs. Wallace filed a claim with

City of Lake Mary v. Franklin

668 So. 2d 712, 1996 WL 86537

District Court of Appeal of Florida | Filed: Mar 1, 1996 | Docket: 1290314

Cited 11 times | Published

issue of workers' compensation immunity under section 440.11, Florida Statutes (Supp.1990). Because this

Sagarino v. Marriott Corp.

644 So. 2d 162, 1994 WL 583707

District Court of Appeal of Florida | Filed: Oct 26, 1994 | Docket: 1672317

Cited 11 times | Published

Sagarino was a "borrowed employee" pursuant to section 440.11(2), Fla. Stat. (1993). That section provides:

Woods v. Carpet Restorations, Inc.

611 So. 2d 1303, 1992 WL 385452

District Court of Appeal of Florida | Filed: Dec 30, 1992 | Docket: 152993

Cited 11 times | Published

therefore immune from civil liability by virtue of section 440.11 Florida Statutes. The concept of statutory

Courtney v. Florida Transformer, Inc.

549 So. 2d 1061, 1989 WL 106761

District Court of Appeal of Florida | Filed: Sep 13, 1989 | Docket: 1373552

Cited 11 times | Published

required for liability under the provisions of section 440.11, Florida Statutes. The circumstances which

Aloff v. Neff-Harmon, Inc.

463 So. 2d 291, 10 Fla. L. Weekly 338, 1984 Fla. App. LEXIS 16725

District Court of Appeal of Florida | Filed: Dec 11, 1984 | Docket: 449063

Cited 11 times | Published

under the workers' compensation law pursuant to section 440.11, Florida Statutes (1977). We reverse. At the

Boynton v. Allstate Ins. Co.

443 So. 2d 427, 1984 Fla. App. LEXIS 11224

District Court of Appeal of Florida | Filed: Jan 5, 1984 | Docket: 1459247

Cited 11 times | Published

Boynton were fellow employees at Sears, so section 440.11, Florida Statutes (Supp. 1978), applies here

West v. Jessop

339 So. 2d 1136

District Court of Appeal of Florida | Filed: Dec 1, 1976 | Docket: 1729677

Cited 11 times | Published

was immune from suit as West's employer under Section 440.11, Florida Statutes (1973). *1137 There is no

Allen v. Employers Service Corporation

243 So. 2d 454, 1971 Fla. App. LEXIS 5426

District Court of Appeal of Florida | Filed: Jan 13, 1971 | Docket: 595690

Cited 11 times | Published

as the "employer" given under the provisions of § 440.11, F.S. 1969, F.S.A. The precise question for determination

Bakerman v. the Bombay Co., Inc.

961 So. 2d 259, 32 Fla. L. Weekly Supp. 342, 2007 Fla. LEXIS 1105, 2007 WL 1774420

Supreme Court of Florida | Filed: Jun 21, 2007 | Docket: 468642

Cited 10 times | Published

except in the most egregious circumstances. See § 440.11, Fla. Stat. (2006). When an employer commits an

Aravena v. Miami-Dade County

928 So. 2d 1163, 31 Fla. L. Weekly Supp. 205, 2006 Fla. LEXIS 556, 2006 WL 870503

Supreme Court of Florida | Filed: Apr 6, 2006 | Docket: 1713704

Cited 10 times | Published

"assigned primarily to unrelated works" did not apply. § 440.11(1), Fla. Stat. (2001). The county filed a motion

FCCI Ins. Co. v. Horne

890 So. 2d 1141, 2004 WL 2826996

District Court of Appeal of Florida | Filed: Dec 10, 2004 | Docket: 1690364

Cited 10 times | Published

Defendant, SCARBOROUGH CIVIL CORPORATION, violated § 440.11 Florida Statutes and § 775.082 Florida Statutes

FCCI Ins. Co. v. Horne

890 So. 2d 1141, 2004 WL 2826996

District Court of Appeal of Florida | Filed: Dec 10, 2004 | Docket: 1690364

Cited 10 times | Published

Defendant, SCARBOROUGH CIVIL CORPORATION, violated § 440.11 Florida Statutes and § 775.082 Florida Statutes

Fleetwood Homes of Florida, Inc. v. Reeves

833 So. 2d 857, 2002 WL 31875183

District Court of Appeal of Florida | Filed: Dec 27, 2002 | Docket: 1259184

Cited 10 times | Published

were the exclusive remedy in this case under section 440.11, Florida Statutes (Supp.1990), or, alternatively

Welch v. Complete Care Corp.

818 So. 2d 645, 2002 WL 1234454

District Court of Appeal of Florida | Filed: Jun 7, 2002 | Docket: 1652883

Cited 10 times | Published

the accident. It is immune from suit under section 440.11, Florida Statutes (1993). As the WQBA court

EAC USA, INC. v. Kawa

805 So. 2d 1, 2001 WL 770386

District Court of Appeal of Florida | Filed: Jul 11, 2001 | Docket: 1242151

Cited 10 times | Published

compensation immunity under the provisions of section 440.11, Florida Statutes (1997). Prior to the hearing

Abraham v. Dzafic

666 So. 2d 232, 1995 Fla. App. LEXIS 13484, 1995 WL 763358

District Court of Appeal of Florida | Filed: Dec 29, 1995 | Docket: 452587

Cited 10 times | Published

co-employee, were immune from liability pursuant to section 440.11, Florida Statutes (1993). After a hearing,

Ramos v. Univision Holdings, Inc.

655 So. 2d 89, 1995 WL 273934

Supreme Court of Florida | Filed: May 11, 1995 | Docket: 461264

Cited 10 times | Published

workers' compensation immunity pursuant to section 440.11, Florida Statutes (1989). See Conklin, 287

Kline v. Rubio

652 So. 2d 964, 1995 WL 144250

District Court of Appeal of Florida | Filed: Apr 5, 1995 | Docket: 476344

Cited 10 times | Published

court, arguing they were immune from suit under section 440.11, Florida Statutes (1987). The trial court denied

Gomez v. Metro Dade County, Fla.

801 F. Supp. 674, 1992 U.S. Dist. LEXIS 13501, 60 Empl. Prac. Dec. (CCH) 41,935, 59 Fair Empl. Prac. Cas. (BNA) 1191, 1992 WL 196826

District Court, S.D. Florida | Filed: Jul 24, 1992 | Docket: 1773358

Cited 10 times | Published

the state's Workers' Compensation Act (Fla.Stat. § 440.11); and to the extent that Gomez's claim involves

Elliott v. Dugger

579 So. 2d 827, 1991 WL 75549

District Court of Appeal of Florida | Filed: May 13, 1991 | Docket: 1728776

Cited 10 times | Published

negligence of a coemployee, were either barred by section 440.11, Florida Statutes (1985), which provides that

Joseph and Barbara Wenzel v. Boyles Galvanizing Co., Black & Veatch, Jamie Edward Fallen v. Boyles Galvanizing Co., Black & Veatch

920 F.2d 778, 1991 U.S. App. LEXIS 73, 1991 WL 8

Court of Appeals for the Eleventh Circuit | Filed: Jan 7, 1991 | Docket: 1000114

Cited 10 times | Published

immune from suit under Florida Statute § 440.11(3) (formerly § 440.11(2)) as a safety consultant and that

City of Winter Haven v. Allen

541 So. 2d 128, 1989 WL 23504

District Court of Appeal of Florida | Filed: Mar 17, 1989 | Docket: 66413

Cited 10 times | Published

court's directed verdict against appellant on its section 440.11, Florida Statutes (1985) affirmative defense

Brown v. Winn-Dixie Montgomery, Inc.

469 So. 2d 155, 50 Fair Empl. Prac. Cas. (BNA) 458, 10 Fla. L. Weekly 1129, 1985 Fla. App. LEXIS 13817

District Court of Appeal of Florida | Filed: May 7, 1985 | Docket: 1372080

Cited 10 times | Published

provisions of the Florida Workers' Compensation Act, Section 440.11(1), *157 Florida Statutes (1979).[2] The court

Clark v. Better Const. Co., Inc.

420 So. 2d 929

District Court of Appeal of Florida | Filed: Oct 26, 1982 | Docket: 1711360

Cited 10 times | Published

negligent conduct. § 440.10, Fla. Stat. (1975);[1] § 440.11, Fla. Stat. (1975).[2] The *931 degree of the

Blaw-Knox Food & Chemical Equip. Corp. v. Holmes

348 So. 2d 604

District Court of Appeal of Florida | Filed: Jul 1, 1977 | Docket: 1760096

Cited 10 times | Published

place of all other liability of such employer. Section 440.11(1), Florida Statutes (1975). The legislature

United Gas Pipeline Company v. Gulf Power Company

334 So. 2d 310, 1976 Fla. App. LEXIS 15714

District Court of Appeal of Florida | Filed: Jun 10, 1976 | Docket: 1712465

Cited 10 times | Published

affirming the trial court's order holding Florida Statute 440.11(1) unconstitutional as applied in that

Hamilton v. Shell Oil Company

233 So. 2d 179

District Court of Appeal of Florida | Filed: Mar 18, 1970 | Docket: 1767379

Cited 10 times | Published

action for damages under the provisions of F.S. Section 440.11, F.S.A.[1] The only issue before this court

Indian Harbor Ins. Co. v. Williams

998 So. 2d 677, 2009 WL 129600

District Court of Appeal of Florida | Filed: Jan 21, 2009 | Docket: 14898

Cited 9 times | Published

Shova, 630 So.2d 537, 539 (Fla.1993) (citing § 440.11(1), Fla. Stat.); see also Ruiz v. Aerorep Group

Jones v. Martin Electronics, Inc.

932 So. 2d 1100, 31 Fla. L. Weekly Supp. 380, 24 I.E.R. Cas. (BNA) 1306, 2006 Fla. LEXIS 1252, 2006 WL 1641944

Supreme Court of Florida | Filed: Jun 15, 2006 | Docket: 1285778

Cited 9 times | Published

circumstances. On the date Mr. Jones was injured, section 440.11(1) of the Florida Statutes (2000), provided

Derogatis v. Fawcett Memorial Hosp.

892 So. 2d 1079, 2004 WL 2451759

District Court of Appeal of Florida | Filed: Nov 3, 2004 | Docket: 471960

Cited 9 times | Published

employer under the borrowed employee doctrine, § 440.11(2), Fla. Stat. (2000),[1] or as her statutory

Fitzgerald v. South Broward Hosp. Dist.

840 So. 2d 460, 2003 Fla. App. LEXIS 4450, 2003 WL 1622771

District Court of Appeal of Florida | Filed: Mar 26, 2003 | Docket: 1748343

Cited 9 times | Published

exception to coemployee immunity pursuant to section 440.11(1), Florida Statutes (1995). We hold that it

Inservices, Inc. v. Aguilera

837 So. 2d 464, 2002 WL 31870185

District Court of Appeal of Florida | Filed: Dec 26, 2002 | Docket: 1527540

Cited 9 times | Published

exception to the statutory immunity provided by section 440.11, Florida Statutes (2000). See Sheraton Key

Vasquez v. PROVINCIAL SOUTH INC.

795 So. 2d 216, 2001 WL 1131335

District Court of Appeal of Florida | Filed: Sep 26, 2001 | Docket: 1252467

Cited 9 times | Published

Complaint as a Sham Pleading alleging that section 440.11 clearly barred the Appellant's recovery. In

Dade County School Bd. v. Laing

731 So. 2d 19, 1999 Fla. App. LEXIS 1450, 1999 WL 72599

District Court of Appeal of Florida | Filed: Feb 17, 1999 | Docket: 1733869

Cited 9 times | Published

asserting a tort claim against his employer. See § 440.11, Fla. Stat. (1997). The trial court denied the

Clark v. Gumby's Pizza Systems, Inc.

674 So. 2d 902, 1996 WL 291936

District Court of Appeal of Florida | Filed: Jun 4, 1996 | Docket: 1661949

Cited 9 times | Published

facts sufficient to overcome the burden of section 440.11, Florida Statutes (1991), employer immunity

Venezia v. Egan

671 So. 2d 175, 1996 WL 86210

District Court of Appeal of Florida | Filed: Mar 1, 1996 | Docket: 1248213

Cited 9 times | Published

under Florida's Workers' Compensation Law, section 440.11(2), Florida Statutes (1991). Finding, as a

Sherrill v. Corbett Cranes Services, Inc.

656 So. 2d 181, 1995 WL 258074

District Court of Appeal of Florida | Filed: May 5, 1995 | Docket: 1283573

Cited 9 times | Published

principle of worker's compensation comes to bear. See § 440.11, Fla. Stat. (1987). * * * * * * The point of both

Allied-Signal, Inc. v. Fox

623 So. 2d 1180, 18 Fla. L. Weekly Supp. 455, 1993 Fla. LEXIS 1342, 1993 WL 322924

Supreme Court of Florida | Filed: Aug 26, 1993 | Docket: 1183529

Cited 9 times | Published

pursuant to the Workers' Compensation Act, Fla. Stat. § 440.11. As a result of the accident, Mr. Fox received

Wishart v. Laidlaw Tree Service, Inc.

573 So. 2d 183, 1991 WL 3589

District Court of Appeal of Florida | Filed: Jan 18, 1991 | Docket: 1518676

Cited 9 times | Published

exclusive remedy for recovery against the employer. § 440.11, Fla. Stat. (1989). That remedy is not available

SCOTT & JOBALIA CONSTRUCTION CO. INC. v. Halifax Paving, Inc.

538 So. 2d 76

District Court of Appeal of Florida | Filed: Feb 2, 1989 | Docket: 472532

Cited 9 times | Published

Jobalia pursuant to the worker's compensation act (§ 440.11(1)) prevents it from being liable as Halifax's

Leonard v. Dennis

465 So. 2d 538, 10 Fla. L. Weekly 346

District Court of Appeal of Florida | Filed: Feb 8, 1985 | Docket: 1324288

Cited 9 times | Published

of Leonard's immunity as a coemployee under section 440.11, Florida Statutes (1981). Dennis does not seek

Davis v. Sun First Nat. Bank of Orlando

408 So. 2d 608, 1981 Fla. App. LEXIS 21902

District Court of Appeal of Florida | Filed: Dec 9, 1981 | Docket: 2537411

Cited 9 times | Published

440, the Florida Workers' Compensation Law. Section 440.11(1), Florida Statutes (1979), provides for the

Carr v. Central Florida Aluminum Products, Inc.

402 So. 2d 565

District Court of Appeal of Florida | Filed: Aug 26, 1981 | Docket: 1691437

Cited 9 times | Published

this court challenges only § 440.15(3)(a)1[1] and § 440.11,[2] Florida Statutes. *569 He had already been

3-M Elec. Corp. v. Vigoa

369 So. 2d 405

District Court of Appeal of Florida | Filed: Apr 3, 1979 | Docket: 470901

Cited 9 times | Published

contribution and the Workmen's Compensation Act, § 440.11, as it relates to employer immunity from tort

Florida Power and Light Company v. Brown

274 So. 2d 558

District Court of Appeal of Florida | Filed: Mar 13, 1973 | Docket: 1676272

Cited 9 times | Published

a subcontractor who has secured such payment. § 440.11(1), Fla. Stat., F.S.A., provides: "Exclusiveness

Ramcharitar v. Derosins

35 So. 3d 94, 2010 Fla. App. LEXIS 6554, 2010 WL 1875616

District Court of Appeal of Florida | Filed: May 12, 2010 | Docket: 1645683

Cited 8 times | Published

date of October 1, 2003 for an amendment to section 440.11 with respect to the intentional tort exception

Sinni v. Scottsdale Insurance

676 F. Supp. 2d 1319

District Court, M.D. Florida | Filed: Jan 4, 2010 | Docket: 2372164

Cited 8 times | Published

*1330 So.2d 1099, 1100 (Fla.1989); FLA. STAT. § 440.11 (an employer's liability to an employee "shall

Tractor Supply Co. v. Kent

966 So. 2d 978, 2007 Fla. App. LEXIS 13448, 2007 WL 2456209

District Court of Appeal of Florida | Filed: Aug 31, 2007 | Docket: 1679136

Cited 8 times | Published

defense the exclusivity provision contained in section 440.11, Florida Statutes, and obtained a final summary

Pacheco v. Power & Light Co.

784 So. 2d 1159, 2001 WL 246068

District Court of Appeal of Florida | Filed: Mar 14, 2001 | Docket: 1744077

Cited 8 times | Published

entered because of the immunity conferred by section 440.11(1), Florida Statutes (1997) of the Worker's

Gerth v. Wilson

774 So. 2d 5, 2000 WL 678897

District Court of Appeal of Florida | Filed: Oct 11, 2000 | Docket: 1330561

Cited 8 times | Published

section 775.082, Florida Statutes (1997). See § 440.11(1). For purposes of the summary judgment, the

School Bd. of Broward County v. Victorin

767 So. 2d 551, 2000 Fla. App. LEXIS 10734, 2000 WL 1188352

District Court of Appeal of Florida | Filed: Aug 23, 2000 | Docket: 2548016

Cited 8 times | Published

exception to co-employee immunity pursuant to section 440.11(1), Florida Statutes (1997), and, therefore

Builder's Square, Inc. v. Shaw

755 So. 2d 721, 1999 WL 741110

District Court of Appeal of Florida | Filed: Sep 17, 1999 | Docket: 1699354

Cited 8 times | Published

complied with the Workers Compensation law. See § 440.11, Fla. Stat. (1997). At the same time, an injured

Maxson Const. Co., Inc. v. Welch

720 So. 2d 588, 1998 WL 719518

District Court of Appeal of Florida | Filed: Oct 16, 1998 | Docket: 1371608

Cited 8 times | Published

bring this action against Maxson pursuant to section 440.11, Florida Statutes (1995), because it did not

Austin v. Duval County School Bd.

657 So. 2d 945, 1995 WL 410686

District Court of Appeal of Florida | Filed: Jul 13, 1995 | Docket: 2449488

Cited 8 times | Published

would have to bear any losses it incurred. Section 440.11(1), Florida Statutes, provides an exception

Delta Air Lines, Inc. v. Cunningham

658 So. 2d 556, 1995 WL 353493

District Court of Appeal of Florida | Filed: Jun 14, 1995 | Docket: 439391

Cited 8 times | Published

work must be primary to the contract fails. Section 440.11(1) provides, in part, that "[T]he liability

Michael v. Centex-Rooney Const. Co.

645 So. 2d 133, 1994 WL 637504

District Court of Appeal of Florida | Filed: Nov 16, 1994 | Docket: 1223015

Cited 8 times | Published

compensation is the exclusive remedy of recovery. See § 440.11, Fla. Stat. (1987). Accordingly, appellant concludes

Bardy v. WALT DISNEY WORLD COMPANY

643 So. 2d 46, 1994 Fla. App. LEXIS 9155, 19 Fla. L. Weekly Fed. D 2016

District Court of Appeal of Florida | Filed: Sep 23, 1994 | Docket: 1493219

Cited 8 times | Published

Service, Inc., 573 So.2d 183 (Fla. 2d DCA 1991); § 440.11, Fla. Stat. (1989). See also Childers v. Shasta

Robert E. Penton, Sr. v. Pompano Construction Co., Inc., and Futch Leasing, Inc., Futch Construction, Inc., Robert E. Penton, Sr. v. Pompano Construction Company, Inc., Futch Construction, Inc., Futch Leasing, Inc.

976 F.2d 636

Court of Appeals for the Eleventh Circuit | Filed: Jan 5, 1993 | Docket: 839316

Cited 8 times | Published

Florida's Workers' Compensation Law, Fla.Stat. § 440.11(1) (1987).3 6 The case proceeded

State, Dept. of Corrections v. Koch

582 So. 2d 5, 1991 WL 70846

District Court of Appeal of Florida | Filed: May 3, 1991 | Docket: 1363860

Cited 8 times | Published

suit based on the exclusive remedy provision of § 440.11, Florida Statutes, and the sovereign immunity

McClelland v. Cool

547 So. 2d 975, 1989 WL 84319

District Court of Appeal of Florida | Filed: Jul 28, 1989 | Docket: 1474785

Cited 8 times | Published

rather than the more lenient provisions of section 440.11(1) of the Workers' Compensation Law which extends

William L. Judy, Cross-Appellee, Joyce Judy v. Tri-State Motor Transit Company, a Delaware Corporation, Cross-Appellant

844 F.2d 1496, 1988 U.S. App. LEXIS 6357, 1988 WL 39120

Court of Appeals for the Eleventh Circuit | Filed: May 16, 1988 | Docket: 979670

Cited 8 times | Published

Florida Workers’ Compensation Act, Fla.Stat.Ann. § 440.11 (1981). 7 Judy appeals from the trial

Johnson v. Comet Steel Erection, Inc.

435 So. 2d 908

District Court of Appeal of Florida | Filed: Jul 19, 1983 | Docket: 1328672

Cited 8 times | Published

for determining what is related work under Section 440.11, Florida Statute (1981), several prior cases

Weller v. Reitz

419 So. 2d 739

District Court of Appeal of Florida | Filed: Sep 22, 1982 | Docket: 1585935

Cited 8 times | Published

summary judgment was granted on the basis of section 440.11, Florida Statutes (1979),[1] which provides

Weller v. Reitz

419 So. 2d 739

District Court of Appeal of Florida | Filed: Sep 22, 1982 | Docket: 1585935

Cited 8 times | Published

summary judgment was granted on the basis of section 440.11, Florida Statutes (1979),[1] which provides

Mahoney v. Sears, Roebuck & Co.

419 So. 2d 754

District Court of Appeal of Florida | Filed: Sep 22, 1982 | Docket: 1754109

Cited 8 times | Published

to the comparative negligence of the employee." § 440.11, Fla. Stat. Moreover, it is presumed that the

Sheedy v. Vista Properties, Inc.

410 So. 2d 561

District Court of Appeal of Florida | Filed: Feb 10, 1982 | Docket: 1518524

Cited 8 times | Published

the immunity from tort actions provided by Section 440.11, Florida Statutes (1980). The trial court granted

Allstates Fireproofing, Inc. v. Garcia

876 So. 2d 1222, 2004 WL 1255454

District Court of Appeal of Florida | Filed: Jun 9, 2004 | Docket: 1670894

Cited 7 times | Published

available to an injured employee as provided in section 440.11, Florida Statutes (2003). However, the supreme

In Re Air Crash Near Cali, Colombia on December 20, 1995

985 F. Supp. 1106, 1997 WL 664964

District Court, S.D. Florida | Filed: Oct 10, 1997 | Docket: 1240418

Cited 7 times | Published

itself of the statutory immunity set forth in § 440.11." Aff. of Ramon Malca, Feb. 10, 1997, at ¶ 7.

Mekamy Oaks, Inc. v. Snyder

659 So. 2d 1290, 1995 WL 516442

District Court of Appeal of Florida | Filed: Sep 1, 1995 | Docket: 1748031

Cited 7 times | Published

their conduct would warrant punitive damages. § 440.11(1), Fla. Stat. (1989); Eller v. Shova, 630 So

Board of Regents v. Taborsky

648 So. 2d 748, 1994 WL 497991

District Court of Appeal of Florida | Filed: Sep 14, 1994 | Docket: 1342313

Cited 7 times | Published

workers' compensation immunity pursuant to section 440.11, Florida Statutes (1983) in a personal injury

Percy v. Falcon Fabricators, Inc.

584 So. 2d 17, 1991 WL 87242

District Court of Appeal of Florida | Filed: May 28, 1991 | Docket: 466857

Cited 7 times | Published

issue of fact to be resolved upon remand. [2] § 440.11, Fla. Stat. (1989). [3] The first district has

Lake v. Ramsay

566 So. 2d 845, 1990 WL 125088

District Court of Appeal of Florida | Filed: Aug 29, 1990 | Docket: 547555

Cited 7 times | Published

the ground that he was immune from suit under section 440.11, Florida Statutes (1987), as a coemployee at

Winn Dixie Stores, Inc. v. Akin

533 So. 2d 829, 1988 WL 107357

District Court of Appeal of Florida | Filed: Oct 19, 1988 | Docket: 1232711

Cited 7 times | Published

upon simple negligence which is barred under section 440.11, Florida Statutes (1985). Iglesia v. Floran

LM Duncan & Sons v. City of Clearwater

478 So. 2d 816, 10 Fla. L. Weekly 596

Supreme Court of Florida | Filed: Nov 14, 1985 | Docket: 1484257

Cited 7 times | Published

466 So.2d 1116 (Fla. 2d DCA 1985), holding section 440.11(1), Florida Statutes (1983), unconstitutional

Greathead v. Asplundh Tree Expert Co.

473 So. 2d 1380, 10 Fla. L. Weekly 1967

District Court of Appeal of Florida | Filed: Aug 15, 1985 | Docket: 793023

Cited 7 times | Published

exclusive and in place of all other liability. Section 440.11(1). However, as pointed out by appellant, the

Florida Farm Bureau Cas. Co. v. Batton

444 So. 2d 1128

District Court of Appeal of Florida | Filed: Feb 8, 1984 | Docket: 1510725

Cited 7 times | Published

Compensation Act without regard to fault. See § 440.11, Fla. Stat. (1975). The railroad *1130 could not

Lingold v. Transamerica Ins. Co.

416 So. 2d 1271

District Court of Appeal of Florida | Filed: Jul 21, 1982 | Docket: 1654845

Cited 7 times | Published

and FRANK D. UPCHURCH, J., concur. NOTES [1] § 440.11(1), Fla. Stat. (1981); Conklin v. Cohen, 287 So

Brown v. South Broward Hospital Dist.

402 So. 2d 58

District Court of Appeal of Florida | Filed: Aug 12, 1981 | Docket: 1313086

Cited 7 times | Published

suggested by appellant. It is correct to state that Section 440.11, Florida Statutes (1979) provides that the

Nora LaFreniere, Vice President and General Counsel of Otis Elevator Company v. Catherine Craig-Myers, individually and as personal representative of the Estate of Robert Myers

264 So. 3d 232

District Court of Appeal of Florida | Filed: Dec 28, 2018 | Docket: 8462703

Cited 6 times | Published

Compensation Employer/Manager Immunity Provided in Section 440.11(1)(b)2, Florida Statutes.” Appellee’s amended

XL Insurance America, Inc. v. Ortiz

673 F. Supp. 2d 1331, 2009 U.S. Dist. LEXIS 103909, 2009 WL 3739072

District Court, S.D. Florida | Filed: Nov 6, 2009 | Docket: 2357058

Cited 6 times | Published

injury from another source.[14]See Fla. Stat. § 440.11(1). Schratter Foods argues that through the Ortiz

Feraci v. Grundy Marine Construction Co.

315 F. Supp. 2d 1197, 2004 U.S. Dist. LEXIS 5681, 2004 WL 895889

District Court, N.D. Florida | Filed: Mar 11, 2004 | Docket: 2249253

Cited 6 times | Published

workers' compensation statute. See Fla. Stat. § 440.11(1) (2002). In response, Plaintiffs claim that

Cuero v. Ryland Group, Inc.

849 So. 2d 326, 2003 WL 1024991

District Court of Appeal of Florida | Filed: Mar 12, 2003 | Docket: 1509306

Cited 6 times | Published

is not entitled to the immunity provided by section 440.11. Because the trial court reached a contrary

Sanchez v. Dade County School Bd.

784 So. 2d 1172, 2001 Fla. App. LEXIS 4015, 2001 WL 293692

District Court of Appeal of Florida | Filed: Mar 28, 2001 | Docket: 952686

Cited 6 times | Published

asserting a tort claim against her employer. See § 440.11, Fla. Stat. (1999). We recently held in Dade County

Turner v. PCR, INC.

732 So. 2d 342, 1998 WL 764178

District Court of Appeal of Florida | Filed: Nov 4, 1998 | Docket: 460422

Cited 6 times | Published

regard to workers' compensation immunity. See § 440.11(1), Fla. Stat. (1997) ("nor shall such immunities

Shova v. Eller

606 So. 2d 400, 1992 WL 213124

District Court of Appeal of Florida | Filed: Sep 4, 1992 | Docket: 132066

Cited 6 times | Published

remedy for appellant's injury. The court held section 440.11(1), Florida Statutes (1989), was constitutional

Beckler v. Hoffman

550 So. 2d 68, 1989 WL 101590

District Court of Appeal of Florida | Filed: Sep 7, 1989 | Docket: 1370002

Cited 6 times | Published

workers' compensation immunity contained in section 440.11(1), Florida Statutes. Attempting to show the

Eiler v. Camp Dresser & McKee, Inc.

542 So. 2d 441, 14 Fla. L. Weekly 1058, 1989 Fla. App. LEXIS 2172, 1989 WL 41192

District Court of Appeal of Florida | Filed: Apr 27, 1989 | Docket: 1515831

Cited 6 times | Published

entitled to immunity from suit pursuant to section 440.11 of the Workers' Compensation Act. Following

Bowen v. Aetna Life and Cas. Co.

512 So. 2d 248, 12 Fla. L. Weekly 2044

District Court of Appeal of Florida | Filed: Aug 18, 1987 | Docket: 473392

Cited 6 times | Published

153 Cal. Rptr. 842, 592 P.2d 329 (1979). But section 440.11(3), Florida Statutes (1985), is reasonably

Stack v. State Farm Mut. Auto. Ins.

507 So. 2d 617, 12 Fla. L. Weekly 845, 1987 Fla. App. LEXIS 7349

District Court of Appeal of Florida | Filed: Mar 24, 1987 | Docket: 459952

Cited 6 times | Published

receive said benefits; and that c. By virtue of Section 440.11, Florida Statutes, the Plaintiff is not legally

Amer. Freight Sys. v. Fla. Farm Bur. Cas. Ins.

453 So. 2d 468

District Court of Appeal of Florida | Filed: Jul 25, 1984 | Docket: 1651388

Cited 6 times | Published

exclusivity provision of the Compensation Act, section 440.11, Florida Statutes (1983), prohibit the reimbursement

Prather v. Upjohn Co.

585 F. Supp. 112, 1984 U.S. Dist. LEXIS 19422

District Court, N.D. Florida | Filed: Feb 15, 1984 | Docket: 955749

Cited 6 times | Published

"exclusive." [Compare 5 U.S.C. § 8116(c) with § 440.11, Fla.Stat.] Therefore, this court finds that,

Carroll v. Zurich Insurance Company

286 So. 2d 21

District Court of Appeal of Florida | Filed: Dec 4, 1973 | Docket: 1408252

Cited 6 times | Published

against a common law action by an employee under Section 440.11, F.S.A. as it existed prior to July 1, 1970

Fairfax Broadcasting Co. v. Florida Airmotive, Inc.

252 So. 2d 854

District Court of Appeal of Florida | Filed: Oct 5, 1971 | Docket: 1690049

Cited 6 times | Published

71-190, Laws of Florida 1971. This chapter amends § 440.11(1), Florida Statutes, F.S.A. (Supp. 1970), to

Foulk v. Perkins

181 So. 2d 704

District Court of Appeal of Florida | Filed: Jan 12, 1966 | Docket: 1654082

Cited 6 times | Published

Workmen's Compensation benefits as provided in F.S. 440.11, F.S.A. The mere fact that plaintiff's decedent

Michaels v. United States Fidelity & Guaranty Co.

129 So. 2d 427

District Court of Appeal of Florida | Filed: Apr 26, 1961 | Docket: 244593

Cited 6 times | Published

subcontractor who has secured such payment." In § 440.11 it is provided: "The liability of an employer

Moradiellos v. Gerelco Traffic Controls, Inc.

176 So. 3d 329, 2015 Fla. App. LEXIS 13272, 2015 WL 5158490

District Court of Appeal of Florida | Filed: Sep 2, 2015 | Docket: 2690032

Cited 5 times | Published

an intentional tort as defined in the statute. § 440.11(1), Fla. Stat. (2014). The statute then goes on

Vallejos v. Lan Cargo S.A.

116 So. 3d 545, 2013 WL 3015685, 2013 Fla. App. LEXIS 9626

District Court of Appeal of Florida | Filed: Jun 19, 2013 | Docket: 60232383

Cited 5 times | Published

” Wishart, 573 So.2d at 184 (citing Fla. Stat. § 440.11). [W]hether the injury to the employee is caused

COASTAL MASONRY, INC. v. Gutierrez

30 So. 3d 545, 2010 Fla. App. LEXIS 1355, 2010 WL 445729

District Court of Appeal of Florida | Filed: Feb 10, 2010 | Docket: 1120958

Cited 5 times | Published

130(a)(3)(C)(v), we have jurisdiction. [2] See § 440.11(1), Fla. Stat. (2006); Cabrera v. T.J. Pavement

Schroeder v. Peoplease Corp.

18 So. 3d 1165, 2009 Fla. App. LEXIS 14394, 2009 WL 3047381

District Court of Appeal of Florida | Filed: Sep 25, 2009 | Docket: 1640642

Cited 5 times | Published

based upon workers' compensation immunity under section 440.11(1)(a), Florida Statutes (2005), and expressly

Zeeuw v. BFI WASTE SYSTEMS OF NORTH AMERICA

997 So. 2d 1218, 2008 Fla. App. LEXIS 20353, 2008 WL 5411973

District Court of Appeal of Florida | Filed: Dec 31, 2008 | Docket: 1379680

Cited 5 times | Published

involving help supply services companies. See § 440.11(2), Fla. Stat. (2002). Therefore, BFI contended

Hazealeferiou v. Labor Ready

947 So. 2d 599, 2007 WL 29236

District Court of Appeal of Florida | Filed: Jan 5, 2007 | Docket: 1376641

Cited 5 times | Published

employee leasing arrangements is embodied in section 440.11(2), which provides, in pertinent part: [I]mmunity

Pendergrass v. RD Michaels, Inc.

936 So. 2d 684, 2006 WL 2135841

District Court of Appeal of Florida | Filed: Aug 2, 2006 | Docket: 2518337

Cited 5 times | Published

examine this case. Criminal Acts Exception Section 440.11(1) provides the employer with immunity from

Folds v. JA Jones Const. Co.

875 So. 2d 700, 2004 WL 1207675

District Court of Appeal of Florida | Filed: Jun 3, 2004 | Docket: 1683973

Cited 5 times | Published

such as Doe. Folds overlooks the fact that section 440.11(2), Florida Statutes (1997), effectually creates

Horn v. Tandem Health Care of Florida, Inc.

862 So. 2d 938, 2004 Fla. App. LEXIS 166, 2004 WL 57258

District Court of Appeal of Florida | Filed: Jan 14, 2004 | Docket: 406529

Cited 5 times | Published

immunity pursuant to section 440.11(2), Florida Statutes (1995). Id. at 589-90. Section 440.11(2) provides in

Watson v. Job Corp.

840 So. 2d 367, 2003 WL 1043131

District Court of Appeal of Florida | Filed: Mar 12, 2003 | Docket: 2574016

Cited 5 times | Published

entitled to workers' compensation immunity. Section 440.11(2), Florida Statutes (2002), extends an employer's

Palm Beach County v. Kelly

810 So. 2d 560, 2002 WL 341998

District Court of Appeal of Florida | Filed: Mar 6, 2002 | Docket: 1654782

Cited 5 times | Published

legislatively created exceptions. § 440.11, Fla. Stat. (1997). Section 440.11(1) states: (1) The liability

Tinoco v. Resol, Inc.

783 So. 2d 309, 2001 WL 321277

District Court of Appeal of Florida | Filed: Apr 4, 2001 | Docket: 1259639

Cited 5 times | Published

Turner v. PCR Inc., 754 So.2d 683, 686 (Fla.2000); § 440.11, Fla. Stat (1993).[*] We concur with the trial

Akers v. City of Miami Beach

745 So. 2d 532, 1999 Fla. App. LEXIS 16528, 1999 WL 1111750

District Court of Appeal of Florida | Filed: Dec 8, 1999 | Docket: 64792484

Cited 5 times | Published

judgment based on the immunity provided by section 440.11, Florida Statutes (1995). Ramos v. Univision

Broward County v. Rodrigues

686 So. 2d 774, 1997 WL 20528

District Court of Appeal of Florida | Filed: Jan 22, 1997 | Docket: 1260038

Cited 5 times | Published

Cunningham, 658 So.2d 556 (Fla. 3d DCA 1995); § 440.11, Fla. Stat. (1993). We note that section 440.10(1)(b)

ACT CORP. v. Devane

672 So. 2d 611, 1996 WL 199600

District Court of Appeal of Florida | Filed: Apr 26, 1996 | Docket: 1763484

Cited 5 times | Published

compensation immunity from civil action pursuant to section 440.11, Florida Statutes (1995). After the hearing

United Parcel Service v. Welsh

659 So. 2d 1234, 1995 WL 502093

District Court of Appeal of Florida | Filed: Aug 25, 1995 | Docket: 1748088

Cited 5 times | Published

court denied the motion, and UPS appealed. Section 440.11, Florida Statutes (1991), is the exclusive

STATE, DOT v. VE Whitehurst & Sons

636 So. 2d 101, 1994 WL 113630

District Court of Appeal of Florida | Filed: Apr 7, 1994 | Docket: 1361785

Cited 5 times | Published

immune from an action for contribution under Section 440.11, Florida Statutes, providing for the exclusive

Timones v. Excel Indus. of Florida

631 So. 2d 331, 1994 WL 23252

District Court of Appeal of Florida | Filed: Feb 1, 1994 | Docket: 1465353

Cited 5 times | Published

provision of the Workers' Compensation Act, section 440.11(1), Florida Statutes (Supp. 1988), and therefore

Holmes County School Bd. v. Duffell

630 So. 2d 639, 1994 Fla. App. LEXIS 14, 1994 WL 1899

District Court of Appeal of Florida | Filed: Jan 6, 1994 | Docket: 1519562

Cited 5 times | Published

remedies). We do not find these cases controlling. Section 440.11(1), Florida Statutes (1991), provides that

Folk v. Rite Aid of Florida, Inc.

611 So. 2d 35, 1992 WL 379823

District Court of Appeal of Florida | Filed: Dec 23, 1992 | Docket: 1757238

Cited 5 times | Published

Worker's Compensation Law, by the provisions in section 440.11, Florida Statutes, immunizes employers from

Walker v. United Steel Works, Inc.

606 So. 2d 1243, 1992 WL 301834

District Court of Appeal of Florida | Filed: Oct 21, 1992 | Docket: 132800

Cited 5 times | Published

subcontractors working on a particular project. Section 440.11(1) makes this liability to secure compensation

Sibley v. Adjustco, Inc.

596 So. 2d 1048, 17 Fla. L. Weekly Supp. 234, 1992 Fla. LEXIS 762, 1992 WL 68953

Supreme Court of Florida | Filed: Apr 9, 1992 | Docket: 1296020

Cited 5 times | Published

insurance carrier's motion, concluding that section 440.11, Florida Statutes (1989), provided the carrier

Francoeur v. Pipers, Inc.

560 So. 2d 244, 1990 WL 15241

District Court of Appeal of Florida | Filed: Feb 20, 1990 | Docket: 1739467

Cited 5 times | Published

DCA), rev. denied, 515 So.2d 230 (Fla. 1987); § 440.11, Fla. Stat. (1989). The employee's argument, however

Balsera v. ABDM & P. CORP.

511 So. 2d 679, 12 Fla. L. Weekly 1948

District Court of Appeal of Florida | Filed: Aug 11, 1987 | Docket: 1338474

Cited 5 times | Published

permitted under the workers' compensation laws. Cf. § 440.11, Fla. Stat. (1985) (exclusive remedy for injuries

Noel v. M. Ecker & Co.

445 So. 2d 1142

District Court of Appeal of Florida | Filed: Mar 7, 1984 | Docket: 1287834

Cited 5 times | Published

based on its statutory immunity from suit under § 440.11, Florida Statutes (1981). However, we reverse

Sisk v. GEN. BLDRS. CORP. OF FORT LAUDERDALE

438 So. 2d 65

District Court of Appeal of Florida | Filed: Aug 31, 1983 | Docket: 1731903

Cited 5 times | Published

therefore, entitled to tort immunity under section 440.11, Florida Statutes (1981). Plaintiff attempted

LeSuer v. LeSuer

350 So. 2d 796

District Court of Appeal of Florida | Filed: Sep 23, 1977 | Docket: 1713881

Cited 5 times | Published

workmen's compensation law as it then existed, Section 440.11, Florida Statutes (1971).[1] We hold defendants

Cork v. Gable

340 So. 2d 487

District Court of Appeal of Florida | Filed: Dec 1, 1976 | Docket: 1299619

Cited 5 times | Published

subcontractor who has secured such payment." Section 440.11 provides that the liability of an employer

Akins v. HUDSON PULP & PAPER COMPANY, INC.

330 So. 2d 757

District Court of Appeal of Florida | Filed: Apr 23, 1976 | Docket: 1774679

Cited 5 times | Published

Florida Statutes, the Workmen's Compensation Law. § 440.11(1), Florida Statutes, provides as follows: "The

Leticia Morales v. Zenith Insurance Company

714 F.3d 1220, 2013 WL 1501654, 2013 U.S. App. LEXIS 7469

Court of Appeals for the Eleventh Circuit | Filed: Apr 15, 2013 | Docket: 297393

Cited 4 times | Published

630 So.2d 537, 539 (Fla.1993) (citing Fla. Stat. § 440.11(1)); see also Ruiz v. Aerorep Grp. Corp

Cabrera v. T.J. Pavement Corp.

2 So. 3d 996, 2008 Fla. App. LEXIS 17572, 2008 WL 4922600

District Court of Appeal of Florida | Filed: Nov 19, 2008 | Docket: 1644317

Cited 4 times | Published

did not apply to this corporate defendant. See § 440.11(1) Fla. Stat. (2002) (excepting from immunity

Coca-Cola Enterprises, Inc. v. Montiel

985 So. 2d 19, 2008 WL 2038790

District Court of Appeal of Florida | Filed: May 14, 2008 | Docket: 1673541

Cited 4 times | Published

based on workers' compensation exclusivity. See § 440.11(1).[2] In successfully opposing the summary judgment

ST. LUCIE FALLS PROPERTY OWNERS v. Morelli

956 So. 2d 1283, 2007 Fla. App. LEXIS 8855, 2007 WL 1610210

District Court of Appeal of Florida | Filed: Jun 6, 2007 | Docket: 1454064

Cited 4 times | Published

entitled to workers' compensation immunity under section 440.11(2), Florida Statutes, or under the common law

Biggins v. FANTASMA PRODS., INC. OF FLORIDA

943 So. 2d 952, 2006 WL 3498592

District Court of Appeal of Florida | Filed: Dec 6, 2006 | Docket: 1526735

Cited 4 times | Published

Biggins was Chosen Sound's borrowed servant under section 440.11, Florida Statutes (1999). Although it is not

Marshall v. Amerisys, Inc.

943 So. 2d 276, 2006 Fla. App. LEXIS 19944, 2006 WL 3422355

District Court of Appeal of Florida | Filed: Nov 29, 2006 | Docket: 2549214

Cited 4 times | Published

Florida's Workers' Compensation Law, found in section 440.11, Florida Statutes (2004). Because we find that

Green v. APAC-Florida, Inc.

935 So. 2d 1231, 2006 WL 2347728

District Court of Appeal of Florida | Filed: Aug 11, 2006 | Docket: 1671041

Cited 4 times | Published

third-party tortfeasor and to the employee. . . ." § 440.11(1). A statutory employer immune from suit is a

Bourassa v. Busch Entertainment Corp.

929 So. 2d 552, 2006 Fla. App. LEXIS 5061, 2006 WL 932575

District Court of Appeal of Florida | Filed: Apr 7, 2006 | Docket: 1726993

Cited 4 times | Published

workers' compensation immunity, pursuant to section 440.11, Florida Statutes (2002), as an affirmative

Casas v. Siemens Energy & Automation, Inc.

927 So. 2d 922, 2006 Fla. App. LEXIS 2349, 2006 WL 398418

District Court of Appeal of Florida | Filed: Feb 22, 2006 | Docket: 1765637

Cited 4 times | Published

about whether to perform the work." Id. (quoting § 440.11(1)(b)(2), Fla. Stat. (2003)). Because the incident

Byers v. Ritz

890 So. 2d 343, 2004 WL 2884505

District Court of Appeal of Florida | Filed: Dec 15, 2004 | Docket: 1287433

Cited 4 times | Published

worker's compensation immunity as set forth in section 440.11(1), Florida Statutes (1991). This statute provides

Richard C. Gares v. Allstate Insurance Company

365 F.3d 990, 2004 U.S. App. LEXIS 6963, 2004 WL 758970

Court of Appeals for the Eleventh Circuit | Filed: Apr 9, 2004 | Docket: 213013

Cited 4 times | Published

workmen’s compensation law, see Fla. Stat. § 440.11, and the claim against the automobile’s lessor

Taylor v. School Bd. of Brevard County

790 So. 2d 1156, 2001 WL 786752

District Court of Appeal of Florida | Filed: Jul 13, 2001 | Docket: 1734342

Cited 4 times | Published

unrelated works within private or public employment." § 440.11, Fla. Stat.[1] The trial court granted a summary

Value Rent-A-Car, Inc. v. Grace

794 So. 2d 619, 2001 Fla. App. LEXIS 3206, 2001 WL 245757

District Court of Appeal of Florida | Filed: Mar 14, 2001 | Docket: 1473306

Cited 4 times | Published

immunity, a brief comparison is warranted. "Under Section 440.11, Florida Statutes (1995), an owner of a dangerous

General Crane, Inc. v. McNeal

744 So. 2d 1062, 1999 WL 743599

District Court of Appeal of Florida | Filed: Sep 22, 1999 | Docket: 1380733

Cited 4 times | Published

it enjoy immunity from liability pursuant to section 440.11, Florida Statutes. However, as stated by the

Castellano v. Raynor

725 So. 2d 1197, 1999 WL 2505

District Court of Appeal of Florida | Filed: Jan 6, 1999 | Docket: 1688881

Cited 4 times | Published

workers from suits by co-employees is governed by section 440.11, Florida Statutes (1995), a portion of the

Wausau Ins. Co. v. Haynes

683 So. 2d 1123, 1996 WL 709364

District Court of Appeal of Florida | Filed: Dec 11, 1996 | Docket: 1514979

Cited 4 times | Published

the insurer for intentionally harming him. Section 440.11(2) provides exceptions to the immunity granted

Gustafson's Dairy, Inc. v. Phiel

681 So. 2d 786, 1996 WL 549365

District Court of Appeal of Florida | Filed: Sep 30, 1996 | Docket: 1384941

Cited 4 times | Published

that the dairy was immune from suit under section 440.11(1), Florida Statutes (1989). Initially, we

Container Corp. v. McKenzie Tank Lines

680 So. 2d 509, 1996 WL 192881

District Court of Appeal of Florida | Filed: Apr 23, 1996 | Docket: 1663830

Cited 4 times | Published

McKenzie *513 no immunity from Container's suit. Section 440.11(1), Florida Statutes (1991), in relevant part

INTEGRITY HOMES v. Goldy

672 So. 2d 839, 1996 WL 86735

District Court of Appeal of Florida | Filed: Mar 1, 1996 | Docket: 1010206

Cited 4 times | Published

entitled to workers' compensation immunity under section 440.11, Florida Statutes (Supp. 1990). Although Rule

Fred G. Wright, Inc. v. Edwards

642 So. 2d 808, 1994 WL 502307

District Court of Appeal of Florida | Filed: Sep 16, 1994 | Docket: 2408755

Cited 4 times | Published

employee's exclusive remedy. § 440.11(1), Fla. Stat. (1987). Section 440.11(1) grants immunity from suit

ASSOCIATED INDUS. OF FLA. v. Smith

633 So. 2d 543

District Court of Appeal of Florida | Filed: Mar 11, 1994 | Docket: 1296264

Cited 4 times | Published

Sibley v. Adjustco, 596 So.2d 1048 (Fla. 1992), section 440.11, Florida Statutes (1993) does not provide immunity

Larzelere v. Employers Ins. of Wausau

613 So. 2d 510, 1993 WL 5313

District Court of Appeal of Florida | Filed: Jan 15, 1993 | Docket: 454136

Cited 4 times | Published

barred by the exclusive remedy provision of section 440.11, Florida Statutes, the workers compensation

Hogan v. Deerfield 21 Corp.

605 So. 2d 979, 1992 WL 259786

District Court of Appeal of Florida | Filed: Oct 7, 1992 | Docket: 1702303

Cited 4 times | Published

entitled to immunity from suit pursuant to section 440.11 of the Workers' Compensation Act. We reverse

Kevin Fox v. Allied-Signal, Inc., F/k/a Garrett Alresearch Manufacturing Co. Of California

966 F.2d 626, 1992 U.S. App. LEXIS 15961, 1992 WL 145531

Court of Appeals for the Eleventh Circuit | Filed: Jul 16, 1992 | Docket: 837451

Cited 4 times | Published

pursuant to the Workers’ Compensation Act, Fla.Stat. § 440.11. . As a result of the accident, Mr. Fox received

Oppenheim v. Reliance Insurance

804 F. Supp. 305, 1992 WL 275884

District Court, M.D. Florida | Filed: Oct 4, 1991 | Docket: 1240797

Cited 4 times | Published

to Workers' Compensation Immunity from Suit Section 440.11 of the Florida Workers' Compensation Law provides

Southeast Administrators, Inc. v. Moriarty

571 So. 2d 589, 1990 WL 211756

District Court of Appeal of Florida | Filed: Dec 28, 1990 | Docket: 1172352

Cited 4 times | Published

Whitworth, 442 So.2d 1078 (Fla. 3d DCA 1983). Section 440.11(4), Florida Statutes (1989), provides that

Suburban Propane v. Estate of Pitcher

564 So. 2d 1118, 1990 Fla. App. LEXIS 4534, 1990 WL 85449

District Court of Appeal of Florida | Filed: Jun 21, 1990 | Docket: 1294579

Cited 4 times | Published

Notwithstanding the exclusivity provisions of Section 440.11, Florida Statutes (1989), precluding an employer

Ramada Inn Surfside v. Swanson

560 So. 2d 300, 1990 WL 48646

District Court of Appeal of Florida | Filed: Apr 18, 1990 | Docket: 1477962

Cited 4 times | Published

, concur. NOTES [1] The exclusivity rule, section 440.11, Florida Statutes (1987), provides generally

Morales v. Ryder Truck Rental

559 So. 2d 317, 1990 WL 37449

District Court of Appeal of Florida | Filed: Apr 3, 1990 | Docket: 1523429

Cited 4 times | Published

workers' compensation immunity. See generally § 440.11, Fla. Stat. (1987). Ryder moved for summary judgment

Bushell v. Wackenhut International, Inc.

731 F. Supp. 1574, 1990 U.S. Dist. LEXIS 2513, 1990 WL 21030

District Court, S.D. Florida | Filed: Feb 26, 1990 | Docket: 1490953

Cited 4 times | Published

against Wackenhut pursuant to Florida Statutes Section 440.11. Wackenhut cross-moves for summary judgment

Gerentine v. Coastal SEC. Systems

529 So. 2d 1191, 1988 WL 73925

District Court of Appeal of Florida | Filed: Jul 21, 1988 | Docket: 432276

Cited 4 times | Published

231 (Fla. 2d DCA 1986), and held that section § 440.11(1), Florida Statutes (1981), the same statute

Allstate Ins. Co. v. Candreva

497 So. 2d 980, 11 Fla. L. Weekly 2435, 1986 Fla. App. LEXIS 10716

District Court of Appeal of Florida | Filed: Nov 19, 1986 | Docket: 1689760

Cited 4 times | Published

provision of the Workers' Compensation Statute, Section 440.11(1), Florida Statutes (1979), unless an exception

Kaplan v. CIRCUIT COURT OF TENTH JUD. CIRCUIT

495 So. 2d 231, 11 Fla. L. Weekly 2067

District Court of Appeal of Florida | Filed: Sep 24, 1986 | Docket: 1747144

Cited 4 times | Published

workers' compensation benefits, he was barred by section 440.11(1), Florida Statutes (1981), from bringing

Johns v. State, Dept. of Health and Rehab.

485 So. 2d 857, 11 Fla. L. Weekly 652

District Court of Appeal of Florida | Filed: Mar 13, 1986 | Docket: 1680857

Cited 4 times | Published

arising out of and in the course of employment." Section 440.11(1) provides that the employer's liability for

Grady v. Humana, Inc.

449 So. 2d 984

District Court of Appeal of Florida | Filed: May 11, 1984 | Docket: 1325782

Cited 4 times | Published

arising out of and in the course of employment." Section 440.11(1) provides that the employer's liability for

Mann v. PENSACOLA CONCRETE CONST. CO., INC.

448 So. 2d 1132

District Court of Appeal of Florida | Filed: Apr 6, 1984 | Docket: 429390

Cited 4 times | Published

extended to Moore, as a fellow-employee, by section 440.11(1), Florida Statutes (1979). [2] A crane in

Rudolph v. Miami Dolphins, Ltd.

447 So. 2d 284

District Court of Appeal of Florida | Filed: Dec 30, 1983 | Docket: 1691049

Cited 4 times | Published

action in a court of law. The provisions of section 440.11 granting employers immunity from suit are not

Coney v. INTERN. MINERALS & CHEMICAL CORP.

425 So. 2d 171, 1983 Fla. App. LEXIS 18491

District Court of Appeal of Florida | Filed: Jan 14, 1983 | Docket: 2118604

Cited 4 times | Published

embodied in the workers' compensation law. Section 440.11(1), Florida Statutes, states: The liability

Cook v. Estate of Mills

374 So. 2d 599

District Court of Appeal of Florida | Filed: Aug 14, 1979 | Docket: 430652

Cited 4 times | Published

Lee Mills, was protected from liability by Section 440.11(1), Florida Statutes (1977).[1] The defendant's

Leticia Morales v. Zenith Insurance Company

152 So. 3d 557, 39 Fla. L. Weekly Supp. 721, 2014 Fla. LEXIS 3555, 2014 WL 6836320

Supreme Court of Florida | Filed: Dec 4, 2014 | Docket: 2611558

Cited 3 times | Published

chapter 440, Florida Statutes. See generally § 440.11(1), Fla. Stat. (2014) (addressing *562

Gorham v. Zachry Industrial, Inc.

105 So. 3d 629, 2013 WL 238207, 2013 Fla. App. LEXIS 924

District Court of Appeal of Florida | Filed: Jan 23, 2013 | Docket: 60227927

Cited 3 times | Published

exception for employer immunity set forth in section 440.11, Florida Statutes. We agree with the trial

Mena v. J.I.L. Construction Group Corp.

79 So. 3d 219, 2012 WL 469838, 2012 Fla. App. LEXIS 2281

District Court of Appeal of Florida | Filed: Feb 15, 2012 | Docket: 60305267

Cited 3 times | Published

workers’ compensation immunity pursuant to Florida Statute 440.11.” J.I.L. asserted that “Plaintiffs damages

Gerber v. Vincent's Men's Hairstyling, Inc.

57 So. 3d 935, 2011 Fla. App. LEXIS 4354, 2011 WL 1135455

District Court of Appeal of Florida | Filed: Mar 30, 2011 | Docket: 60299207

Cited 3 times | Published

causes the injury or death of the employee.” See § 440.11(b). In order to circumvent recovery under workers’

Bend v. Shamrock Services

59 So. 3d 153, 2011 Fla. App. LEXIS 2515, 2011 WL 680282

District Court of Appeal of Florida | Filed: Feb 28, 2011 | Docket: 2362780

Cited 3 times | Published

shall be "as provided" by chapter 440 (see section 440.11(4), Florida Statutes (2007)) and would require

Petro Stopping Centers, L.P. v. Gall

23 So. 3d 849, 2009 Fla. App. LEXIS 19296, 2009 WL 4720460

District Court of Appeal of Florida | Filed: Dec 11, 2009 | Docket: 2534705

Cited 3 times | Published

of Florida's workers' compensation statutes, section 440.11 of the Florida Statutes sets forth limited

AMERICAN ENGINEERING v. Sanchez

932 So. 2d 1241, 2006 WL 1896389

District Court of Appeal of Florida | Filed: Jul 12, 2006 | Docket: 1285413

Cited 3 times | Published

statutory workers' compensation immunity under section 440.11(2), Florida Statutes (2002). At the summary

Bruno v. Destiny Transp., Inc.

921 So. 2d 836, 2006 WL 508120

District Court of Appeal of Florida | Filed: Mar 3, 2006 | Docket: 1756068

Cited 3 times | Published

in furtherance of the employer's business. Section 440.11(1) provides in relevant part: The liability

Russ v. Wollheim

915 So. 2d 1285, 2005 WL 3481370

District Court of Appeal of Florida | Filed: Dec 21, 2005 | Docket: 1311031

Cited 3 times | Published

any liability as an officer of the employer. See § 440.11, Fla. Stat. (1997). On the other hand, if Mr.

Patco Transport, Inc. v. Estupinan

917 So. 2d 922, 2005 Fla. App. LEXIS 19675, 2005 WL 3404387

District Court of Appeal of Florida | Filed: Dec 14, 2005 | Docket: 448034

Cited 3 times | Published

the subject matter of the complaint because F.S. 440.11 provided Patco with immunity from civil action

Macola v. Government Employees Insurance

410 F.3d 1359, 2005 U.S. App. LEXIS 10355, 18 Fla. L. Weekly Fed. C 632

Court of Appeals for the Eleventh Circuit | Filed: Jun 6, 2005 | Docket: 65656880

Cited 3 times | Published

law claim against his employer. See Fla. Stat. § 440.11(1) (2002) (providing that workers’ compensation

Lluch v. American Airlines, Inc.

899 So. 2d 1146, 2005 WL 602387

District Court of Appeal of Florida | Filed: Mar 16, 2005 | Docket: 1705673

Cited 3 times | Published

immunity provided to a statutory employer under section 440.11, Florida Statutes (2003). We reverse and remand

TU-LANE INVESTMENTS, INC. v. Orr

889 So. 2d 961, 2004 WL 2921808

District Court of Appeal of Florida | Filed: Dec 20, 2004 | Docket: 1742655

Cited 3 times | Published

governed by two different statutes. Pursuant to section 440.11(2), Florida Statutes (2002), workers' compensation

Martin Electronics, Inc. v. Jones

877 So. 2d 765, 2004 Fla. App. LEXIS 8906, 2004 WL 1361578

District Court of Appeal of Florida | Filed: Jun 18, 2004 | Docket: 1684572

Cited 3 times | Published

NOTES [1] On the date Mr. Jones was injured, section 440.11(1), Florida Statutes (2000), provided that

Holderbaum v. Itco Holding Co., Inc.

753 So. 2d 699, 2000 WL 276349

District Court of Appeal of Florida | Filed: Mar 15, 2000 | Docket: 1433947

Cited 3 times | Published

overcome Itco's workers' compensation immunity. § 440.11(1), Fla. Stat. (1995); Turner, 754 So.2d at 687;

Clements v. WILDLIFE CONSERVATION SOC.

750 So. 2d 715, 2000 WL 45704

District Court of Appeal of Florida | Filed: Jan 21, 2000 | Docket: 1433648

Cited 3 times | Published

moved for summary judgment. We affirm. Under Section 440.11, Florida Statutes (1995), an owner of a dangerous

Fleming Companies, Inc. v. Moreira

690 So. 2d 1367, 1997 WL 148729

District Court of Appeal of Florida | Filed: Apr 2, 1997 | Docket: 436892

Cited 3 times | Published

obtained through a "help supply services company." § 440.11(2), Fla. Stat. (1995). Florida courts consistently

Lovin Mood, Inc. v. Bush

687 So. 2d 61, 1997 Fla. App. LEXIS 331, 1997 WL 35015

District Court of Appeal of Florida | Filed: Jan 31, 1997 | Docket: 1718823

Cited 3 times | Published

judgment based on the immunity provided by section 440.11 of the Worker's Compensation Law. Holding that

BET Plant Services, Inc. v. Dyer

678 So. 2d 841, 1996 WL 382296

District Court of Appeal of Florida | Filed: Jul 10, 1996 | Docket: 1470982

Cited 3 times | Published

Inc. is the statutory employer of plaintiff. See § 440.11(2), Fla. Stat. (1991). Plaintiff was hired to

Perez v. Publix Supermarkets, Inc.

673 So. 2d 938, 1996 WL 267906

District Court of Appeal of Florida | Filed: May 22, 1996 | Docket: 1246532

Cited 3 times | Published

1986), rev. denied, 492 So.2d 1333 (Fla.1986). Section 440.11 of the Florida Statutes grants immunity to

Subileau v. Southern Forming, Inc.

664 So. 2d 11, 1995 WL 638294

District Court of Appeal of Florida | Filed: Dec 13, 1995 | Docket: 1229628

Cited 3 times | Published

of Florida's workers' compensation statute, section 440.11, Florida Statutes (1991). We affirm. On January

Thompson v. Coker Fuel, Inc.

659 So. 2d 1128, 1995 WL 443855

District Court of Appeal of Florida | Filed: Jul 28, 1995 | Docket: 1747978

Cited 3 times | Published

remedy and bars the wrongful death action. Section 440.11(1), Florida Statutes (1989), grants employers

Kenann & Sons Demolition v. Dipaolo

653 So. 2d 1130, 1995 WL 238662

District Court of Appeal of Florida | Filed: Apr 26, 1995 | Docket: 551920

Cited 3 times | Published

1105-07 (Fla. 4th DCA 1995); § 440.11(1), Fla. Stat. Since 1988, section 440.11(1), Florida Statutes, has

Foreman v. Russo

624 So. 2d 333, 1993 WL 337043

District Court of Appeal of Florida | Filed: Sep 8, 1993 | Docket: 1517853

Cited 3 times | Published

should have directed a verdict. We disagree. Section 440.11(1), Florida Statutes (1987), provided that

Winn Dixie Stores, Inc. v. Parks

620 So. 2d 798, 1993 WL 217150

District Court of Appeal of Florida | Filed: Jun 23, 1993 | Docket: 1722904

Cited 3 times | Published

Florida Workers' Compensation Law, Fla. Stat. § 440.11 (1991), absent an intentional tort on the employer's

Hyster Co. v. David

612 So. 2d 678, 1993 WL 8999

District Court of Appeal of Florida | Filed: Jan 21, 1993 | Docket: 1677019

Cited 3 times | Published

liability to either Stephens or Hyster pursuant to section 440.11(1), Florida Statutes (Supp. 1990), a part of

Strachan Shipping Co. v. Spigner

573 So. 2d 926, 1991 WL 563

District Court of Appeal of Florida | Filed: Jan 3, 1991 | Docket: 479039

Cited 3 times | Published

pursuant to the Workers' Compensation Act (section 440.11, Florida Statutes). Strachan had previously

Hoyt v. Corbett

559 So. 2d 98, 1990 WL 29567

District Court of Appeal of Florida | Filed: Mar 21, 1990 | Docket: 1751429

Cited 3 times | Published

judgment pursuant to the exclusivity provisions of section 440.11, Florida Statutes (1985).[1] The action was

Perkins v. Scott

554 So. 2d 1220, 1990 WL 767

District Court of Appeal of Florida | Filed: Jan 5, 1990 | Docket: 1319160

Cited 3 times | Published

to immunity under section 440.11, Florida Statutes (1985). Although section 440.11 bars the plaintiffs'

Ramsford Barrett v. Adams Fruit Company, Inc.

867 F.2d 1305, 1989 U.S. App. LEXIS 3058, 1989 WL 15742

Court of Appeals for the Eleventh Circuit | Filed: Mar 15, 1989 | Docket: 818420

Cited 3 times | Published

Florida’s workers’ compensation laws, Fla.Stat.Ann. § 440.11 (West 1981). For the reasons set forth below we

Fisher v. SHENANDOAH GEN. CONST. CO.

472 So. 2d 871, 10 Fla. L. Weekly 1751

District Court of Appeal of Florida | Filed: Jul 17, 1985 | Docket: 1794306

Cited 3 times | Published

against employers for intentional torts. However, Section 440.11(1), Florida Statutes (1983), clearly provides

Fisher v. SHENANDOAH GEN. CONST. CO.

472 So. 2d 871, 10 Fla. L. Weekly 1751

District Court of Appeal of Florida | Filed: Jul 17, 1985 | Docket: 1794306

Cited 3 times | Published

against employers for intentional torts. However, Section 440.11(1), Florida Statutes (1983), clearly provides

City of Clearwater v. DUNCAN & SONS

466 So. 2d 1116, 10 Fla. L. Weekly 488

District Court of Appeal of Florida | Filed: Apr 5, 1985 | Docket: 1524921

Cited 3 times | Published

from the third-party complaint by virtue of section 440.11(1), Florida Statutes (1983),[2] because of

Croon v. Quayside Associates, Ltd.

464 So. 2d 178

District Court of Appeal of Florida | Filed: Feb 5, 1985 | Docket: 1661286

Cited 3 times | Published

the subcontractor has secured such payment. Section 440.11, Florida Statutes (1979) titled "Exclusiveness

Walker v. ITD Industries, Inc.

437 So. 2d 230

District Court of Appeal of Florida | Filed: Sep 14, 1983 | Docket: 1256807

Cited 3 times | Published

appeal: (1) that the exclusivity provision of section 440.11[2] must be raised by an affirmative defense

Radney v. Edwards

424 So. 2d 956

District Court of Appeal of Florida | Filed: Jan 10, 1983 | Docket: 1708415

Cited 3 times | Published

law. However, the deputy noted that, pursuant to § 440.11(1), Florida Statutes, if a covered employer fails

Abernathy v. Employers Ins. of Wausau

428 So. 2d 272

District Court of Appeal of Florida | Filed: Dec 10, 1982 | Docket: 1719938

Cited 3 times | Published

subcontractors working on a particular project. Section 440.11(1)[2] makes this liability *274 to secure compensation

Crosby v. REG. UTIL. BD., CITY OF GAINESVILLE

400 So. 2d 1024

District Court of Appeal of Florida | Filed: Jun 26, 1981 | Docket: 1263198

Cited 3 times | Published

dismissed with prejudice holding that by virtue of Section 440.11, Florida Statutes, the employer's liability

Dodge v. William E. Arnold Co.

373 So. 2d 98

District Court of Appeal of Florida | Filed: Jul 26, 1979 | Docket: 1772583

Cited 3 times | Published

Section 440.10 "Liability for Compensation", and Section 440.11 "Exclusiveness of Liability", Florida Statutes

Fullerton Metal Company v. Abell Howe Company

299 So. 2d 151

District Court of Appeal of Florida | Filed: Aug 6, 1974 | Docket: 1133603

Cited 3 times | Published

indemnification. The legislature of Florida amended Section 440.11, Florida Statutes, effective June 18, 1971

Florida Power & Light Co. v. Hercules Concrete Pile Co.

275 F. Supp. 427, 1967 U.S. Dist. LEXIS 9083

District Court, S.D. Florida | Filed: Nov 1, 1967 | Docket: 1021275

Cited 3 times | Published

of the Florida Workmen's Compensation Act, Section 440.11, Florida Statutes, F.S.A., FPL is precluded

Bowman v. ATLANTA BAGGAGE & CAB COMPANY

173 F. Supp. 282, 1959 U.S. Dist. LEXIS 3320

District Court, N.D. Florida | Filed: May 18, 1959 | Docket: 832187

Cited 3 times | Published

exclusive remedy is against his employer (F.S.A. § 440.11, 1957). It is urged that to allow recovery against

& SC13-1976 Bradley Westphal v. City of St. Petersburg, etc. and City of St. Petersburg, etc. v. Bradley Westphal

194 So. 3d 311, 2016 WL 3191086

Supreme Court of Florida | Filed: Jun 9, 2016 | Docket: 3072274

Cited 2 times | Published

facially unconstitutional as long as it contains § 440.11 as an exclusive replacement remedy.”), overruled

Payne v. J.B. Hunt Transport, Inc.

154 F. Supp. 3d 1310, 2016 U.S. Dist. LEXIS 172, 2016 WL 25943

District Court, M.D. Florida | Filed: Jan 4, 2016 | Docket: 64306206

Cited 2 times | Published

claim “arises under” Florida Statutes § 440.06 and § 440.11(1). Florida Statute § 440.06 provides: Every employer

Baker v. Airguide Manufacturing, LLC

151 So. 3d 38, 2014 Fla. App. LEXIS 17627, 2014 WL 5462528

District Court of Appeal of Florida | Filed: Oct 29, 2014 | Docket: 1454070

Cited 2 times | Published

that Airguide was entitled to immunity under section 440.11(2) of the Florida Statutes (2010), we affirm

Felder v. King Motor Co. of South Florida

110 So. 3d 105, 2013 WL 1136334, 2013 Fla. App. LEXIS 4419

District Court of Appeal of Florida | Filed: Mar 20, 2013 | Docket: 60230109

Cited 2 times | Published

Compensation Act, and this action is barred by Section 440.11, Fla. Stat. Felder filed a motion to strike

Ocean Reef Club, Inc. v. Wilczewski

99 So. 3d 1, 2012 Fla. App. LEXIS 4352, 2012 WL 934028

District Court of Appeal of Florida | Filed: Mar 21, 2012 | Docket: 60312871

Cited 2 times | Published

Inc., the benefit of immunity from suit under section 440.11(1) of the Florida Workers’ Compensation Law

Coral v. GARRARD CRANE SERVICE, INC.

62 So. 3d 1270, 2011 Fla. App. LEXIS 8988, 2011 WL 2421042

District Court of Appeal of Florida | Filed: Jun 17, 2011 | Docket: 2539393

Cited 2 times | Published

or statutory special employment, pursuant to section 440.11(2), Florida Statutes (2005); (3) Carpentry

Punsky v. Clay County Board of County Commissioners

60 So. 3d 1088, 2011 Fla. App. LEXIS 4410, 2011 WL 1167205

District Court of Appeal of Florida | Filed: Mar 31, 2011 | Docket: 60300049

Cited 2 times | Published

workers’ compensation exclusivity/immunity. See § 440.11(1), Fla. Stat. (2004) (“[t]he liability of an

Griffin, Inc. v. Loomis, Fargo & Co.

979 So. 2d 416, 2008 WL 1808496

District Court of Appeal of Florida | Filed: Apr 23, 2008 | Docket: 1714231

Cited 2 times | Published

Loomis claimed workers' compensation immunity. See § 440.11(1), Fla. Stat. (1997)[1]; Seaboard Coast Line

Ostuni v. Meineke Discount Muffler Shops, Inc.

948 So. 2d 848, 2007 WL 249573

District Court of Appeal of Florida | Filed: Jan 31, 2007 | Docket: 1773201

Cited 2 times | Published

policymaking capacity" within the meaning of section 440.11(1), Florida Statutes (1998). To the extent

Williams v. National Freight, Inc.

455 F. Supp. 2d 1335, 2006 WL 2864419

District Court, M.D. Florida | Filed: Oct 5, 2006 | Docket: 2299677

Cited 2 times | Published

restrict actions at law against an employer. Under § 440.11(1) of the Florida Statutes, "[t]he liability of

Williams v. National Freight, Inc.

455 F. Supp. 2d 1335, 2006 WL 2864419

District Court, M.D. Florida | Filed: Oct 5, 2006 | Docket: 2299677

Cited 2 times | Published

restrict actions at law against an employer. Under § 440.11(1) of the Florida Statutes, "[t]he liability of

Patrick v. PALM BEACH COUNTY SCHOOL BD.

927 So. 2d 973, 2006 Fla. App. LEXIS 4424, 2006 WL 782855

District Court of Appeal of Florida | Filed: Mar 29, 2006 | Docket: 1765363

Cited 2 times | Published

general rule of worker's compensation immunity, section 440.11(1), Florida Statutes (2002), requires the employee

Woodson v. Ivey

917 So. 2d 993, 2005 WL 3555572

District Court of Appeal of Florida | Filed: Dec 30, 2005 | Docket: 1509415

Cited 2 times | Published

worker's compensation immunity pursuant to section 440.11(1), Florida Statutes (2002). Much of the evidence

Mental Health Care, Inc. v. Stuart

909 So. 2d 371, 2005 WL 1812879

District Court of Appeal of Florida | Filed: Aug 3, 2005 | Docket: 1198999

Cited 2 times | Published

barred by workers' compensation immunity. See § 440.11, Fla. Stat. (1995). [5] Ms. Conley's complaint

Travelers Indemnity Co. v. Royal Oak Enterprises, Inc.

429 F. Supp. 2d 1265, 2004 U.S. Dist. LEXIS 31120, 2004 WL 3770590

District Court, M.D. Florida | Filed: Mar 10, 2004 | Docket: 2355314

Cited 2 times | Published

is also DENIED.[1] IT IS SO ORDERED. NOTES [1] § 440.11, Fla. Stat. [2] Turner v. PCR, Inc., 754 So.2d

Byers v. Ritz

859 So. 2d 1282, 2003 WL 22799549

District Court of Appeal of Florida | Filed: Nov 26, 2003 | Docket: 1284680

Cited 2 times | Published

acts" exception to worker's compensation immunity. § 440.11(1), Fla. Stat. (1991).[1] Following discovery

Florida Dept. of Transp. v. Juliano

864 So. 2d 11, 2003 Fla. App. LEXIS 13632, 2003 WL 22082156

District Court of Appeal of Florida | Filed: Sep 10, 2003 | Docket: 1727638

Cited 2 times | Published

is the proper standard of negligence under section 440.11(1), Florida Statutes (1997)[1]; *13 and whether

Kite v. Escambia County

830 So. 2d 961, 2002 WL 31641509

District Court of Appeal of Florida | Filed: Nov 25, 2002 | Docket: 1516841

Cited 2 times | Published

the "unrelated works" exception provided in section 440.11(1), Florida Statutes (1995), and that his action

Camp, Dresser & McKee, Inc. v. Paul N. Howard Co.

721 So. 2d 1254, 1998 Fla. App. LEXIS 16033, 1998 WL 889725

District Court of Appeal of Florida | Filed: Dec 23, 1998 | Docket: 1322968

Cited 2 times | Published

barred by Florida's Workers' Compensation Act, section 440.11(1), Florida Statutes (1983), and by Florida's

Camp, Dresser & McKee, Inc. v. Paul N. Howard Co.

721 So. 2d 1254, 1998 Fla. App. LEXIS 16033, 1998 WL 889725

District Court of Appeal of Florida | Filed: Dec 23, 1998 | Docket: 1322968

Cited 2 times | Published

barred by Florida's Workers' Compensation Act, section 440.11(1), Florida Statutes (1983), and by Florida's

Myrick v. Luhrs Corp.

689 So. 2d 416, 1997 WL 111345

District Court of Appeal of Florida | Filed: Mar 10, 1997 | Docket: 1477411

Cited 2 times | Published

the case from the "exclusivity" provisions of section 440.11 and thus Myrick was limited to his remedies

Madaffer v. MANAGED LOGISTICS SYS., INC.

601 So. 2d 1328, 1992 WL 157427

District Court of Appeal of Florida | Filed: Jul 10, 1992 | Docket: 1710917

Cited 2 times | Published

liability under the Workers' Compensation Act. § 440.11(1), Fla. Stat. (1989). Specifically, Madaffer

Sterling v. Mike Brown, Inc.

580 So. 2d 832, 1991 WL 85527

District Court of Appeal of Florida | Filed: May 23, 1991 | Docket: 1364724

Cited 2 times | Published

provisions of the Workers' Compensation Act, Section 440.11, Florida Statutes (1987), are inapplicable

Merryman v. Mattheus

529 So. 2d 727, 1988 WL 53075

District Court of Appeal of Florida | Filed: May 27, 1988 | Docket: 432451

Cited 2 times | Published

exclusivity of workers' compensation remedies under section 440.11, Florida Statutes (1985). We affirm. The decedent

Gold v. Cheker Oil Co.

438 So. 2d 1009

District Court of Appeal of Florida | Filed: Oct 12, 1983 | Docket: 1731869

Cited 2 times | Published

find no merit in appellant's argument that Section 440.11, Florida Statutes denies her access to the

Hewitt, Coleman & Associates v. Grattan

432 So. 2d 125, 1983 Fla. App. LEXIS 19765

District Court of Appeal of Florida | Filed: Apr 29, 1983 | Docket: 1265071

Cited 2 times | Published

chance of being held immune from recovery under section 440.11, Florida Statutes (1977). He did not take comparative

Marta v. Continental Mfg. Co., Inc.

400 So. 2d 181

District Court of Appeal of Florida | Filed: Jun 24, 1981 | Docket: 158767

Cited 2 times | Published

then filed a suit in circuit court pursuant to Section 440.11(1), Florida Statutes (1979). Continental moved

Chase v. Tenbroeck

399 So. 2d 57

District Court of Appeal of Florida | Filed: May 26, 1981 | Docket: 1652314

Cited 2 times | Published

such employee of another subcontractor.[3] Section 440.11 provides in part: (1) The liability of an employer

Williams v. Corbett Cranes, Inc.

396 So. 2d 811

District Court of Appeal of Florida | Filed: Apr 8, 1981 | Docket: 1448022

Cited 2 times | Published

exclusive remedy for certain injured employees. § 440.11(1), Fla. Stat. (1973).[1] Employers are required

McDonald v. Wilson Welding Works, Inc.

370 So. 2d 863

District Court of Appeal of Florida | Filed: May 17, 1979 | Docket: 1722585

Cited 2 times | Published

The appellant urges that in order to apply section 440.11, supra, and thereupon find that workman's compensation

Sedgwick CMS and The Hartford/Sedgwick CMS v. Tammitha Valcourt-Williams

271 So. 3d 1133

District Court of Appeal of Florida | Filed: Apr 5, 2019 | Docket: 14885281

Cited 1 times | Published

accidental injury from a covered employer. See § 440.11, Fla. Stat. But for workers’ compensation protection

Lett v. Wells Fargo Bank, N.A.

233 F. Supp. 3d 1330, 2017 U.S. Dist. LEXIS 7474, 2017 WL 187395

District Court, S.D. Florida | Filed: Jan 6, 2017 | Docket: 64312592

Cited 1 times | Published

entitled to receive benefits under this chapter.” See § 440.11, Fla. Stat. (emphasis added). Here, both Lett

Lett v. Wells Fargo Bank, N.A.

233 F. Supp. 3d 1330, 2017 U.S. Dist. LEXIS 7474, 2017 WL 187395

District Court, S.D. Florida | Filed: Jan 6, 2017 | Docket: 64312592

Cited 1 times | Published

entitled to receive benefits under this chapter.” See § 440.11, Fla. Stat. (emphasis added). Here, both Lett

Mathis v. Sacred Heart Health System, Inc.

187 So. 3d 951, 2016 Fla. App. LEXIS 4551, 2016 WL 1165423

District Court of Appeal of Florida | Filed: Mar 24, 2016 | Docket: 60254157

Cited 1 times | Published

compensation immunity applies to Sacred Heart under section 440.11(1), Florida Statutes. Because there is no evidence

Slora v. Sun 'n Fun Fly-In, Inc.

173 So. 3d 1099, 2015 Fla. App. LEXIS 12708, 2015 WL 5023000

District Court of Appeal of Florida | Filed: Aug 26, 2015 | Docket: 2687741

Cited 1 times | Published

liability ... of such employer ... to the employee.” § 440.11(1). As a result, “employers who provide workers’

State v. Florida Workers' Advocates

167 So. 3d 500, 2015 Fla. App. LEXIS 9531, 2015 WL 3875442

District Court of Appeal of Florida | Filed: Jun 24, 2015 | Docket: 2667769

Cited 1 times | Published

appeals a final summary judgment determining that section 440.11, Florida Statutes (2014), the “exclusiveness

VMS, Inc. v. Alfonso

147 So. 3d 1071, 2014 Fla. App. LEXIS 14961, 2014 WL 4723565

District Court of Appeal of Florida | Filed: Sep 24, 2014 | Docket: 1330439

Cited 1 times | Published

covered the injured employee”). Because section 440.11(1) of the Florida Statutes makes the liability

Figueroa v. Delant Construction Co.

118 So. 3d 272, 2013 WL 3815623, 2013 Fla. App. LEXIS 11616

District Court of Appeal of Florida | Filed: Jul 24, 2013 | Docket: 60233156

Cited 1 times | Published

workers’ compensation immunity as set forth in section 440.11(l)(b)2., Florida Statutes (2009). The intentional

Tsafatinos v. Family Dollar Stores of Florida, Inc.

116 So. 3d 576, 2013 WL 3107329, 2013 Fla. App. LEXIS 9841

District Court of Appeal of Florida | Filed: Jun 21, 2013 | Docket: 60232398

Cited 1 times | Published

Sunspan, the Florida Supreme Court held that section 440.11(1), Florida Statutes, the exclusive remedy

Pyjek v. ValleyCrest Landscape Development, Inc.

116 So. 3d 475, 2013 WL 1979461, 2013 Fla. App. LEXIS 7805

District Court of Appeal of Florida | Filed: May 15, 2013 | Docket: 60232360

Cited 1 times | Published

exclusivity provision. See § 440.10(1)(e)(2); see also § 440.11(1)(b)(2). To establish gross negligence, Mr. Pyjek

Boston v. Publix Super Markets, Inc.

112 So. 3d 654, 2013 WL 1810630, 2013 Fla. App. LEXIS 6924

District Court of Appeal of Florida | Filed: May 1, 2013 | Docket: 60231205

Cited 1 times | Published

the employer, is entitled to immunity under section 440.11 because the employer’s conduct was not virtually

Villalta v. Cornn International, Inc.

110 So. 3d 952, 2013 WL 811802, 2013 Fla. App. LEXIS 3493

District Court of Appeal of Florida | Filed: Mar 6, 2013 | Docket: 60230527

Cited 1 times | Published

provided in the Workers’ Compensation Law at section 440.11(1), Florida Statutes, the appellant was required

General Dynamics Corp. v. Brottem

53 So. 3d 334, 31 I.E.R. Cas. (BNA) 1225, 2010 Fla. App. LEXIS 20129, 2010 WL 5391519

District Court of Appeal of Florida | Filed: Dec 30, 2010 | Docket: 60298075

Cited 1 times | Published

result in injury or death to the employee ....” § 440.11(l)(b), Fla. Stat. (2008). “The philosophy of workmen’s

Catalfumo Construction, LLC v. Varella

28 So. 3d 963, 2010 Fla. App. LEXIS 2076, 2010 WL 624138

District Court of Appeal of Florida | Filed: Feb 24, 2010 | Docket: 1651940

Cited 1 times | Published

that Catalfumo is a statutory employer under section 440.11, Florida Statutes (2005), and is therefore

Zeiger Crane Rentals, Inc. v. Double a Industries, Inc.

16 So. 3d 907, 2009 Fla. App. LEXIS 10746, 2009 WL 2382320

District Court of Appeal of Florida | Filed: Aug 5, 2009 | Docket: 1125290

Cited 1 times | Published

to the workers' compensation scheme. See, e.g., § 440.11(1)(b), Fla. Stat. (2007) (the intentional tort

Central Florida Lumber Unlimited, Inc. v. Qaqish

12 So. 3d 766, 2009 Fla. App. LEXIS 3848, 2009 WL 1139241

District Court of Appeal of Florida | Filed: Apr 29, 2009 | Docket: 1647175

Cited 1 times | Published

admiralty on account of such injury or death." § 440.11(1). Accordingly, employers who provide workers'

Doe v. Footstar Corp.

980 So. 2d 1266, 2008 WL 1987257

District Court of Appeal of Florida | Filed: May 9, 2008 | Docket: 1736077

Cited 1 times | Published

compensation law barred the plaintiffs' claims. See § 440.11, Fla. Stat. (2000).[2] We conclude that in the

Crum Services v. Lopez

975 So. 2d 1184, 2008 WL 595921

District Court of Appeal of Florida | Filed: Mar 6, 2008 | Docket: 1726923

Cited 1 times | Published

remedies for an injured worker. For example, section 440.11(1)(a), Florida Statutes (2004), allows Claimant

Gayer v. Fine Line Const. & Elec., Inc.

970 So. 2d 424, 2007 WL 4179312

District Court of Appeal of Florida | Filed: Nov 28, 2007 | Docket: 1695528

Cited 1 times | Published

Gayer was Fine Line's borrowed employee under section 440.11(2), Florida Statutes. Fine Line ultimately

Perez v. La Dove, Inc.

964 So. 2d 777, 2007 Fla. App. LEXIS 14247, 2007 WL 2609381

District Court of Appeal of Florida | Filed: Sep 12, 2007 | Docket: 450983

Cited 1 times | Published

sections 440.01-50, Florida Statutes (2001). Section 440.11 of the Florida Statutes (2001), entitled "Exclusiveness

Saleeby v. ROCKY ELSON CONST., INC.

965 So. 2d 211, 2007 Fla. App. LEXIS 13874, 2007 WL 2480545

District Court of Appeal of Florida | Filed: Sep 5, 2007 | Docket: 1508987

Cited 1 times | Published

finding Saleeby to be a borrowed servant under section 440.11(2), Florida Statutes (2000) but denied a directed

Ufer v. STATE AUTO INS. COMPANIES

961 So. 2d 1007, 2007 WL 1988838

District Court of Appeal of Florida | Filed: Jul 11, 2007 | Docket: 468652

Cited 1 times | Published

barred by the workers' compensation statute, section 440.11.[3] On outstanding motions for summary judgment

US Holdings, Inc. v. Belance

922 So. 2d 240, 2006 Fla. App. LEXIS 122, 2006 WL 47466

District Court of Appeal of Florida | Filed: Jan 11, 2006 | Docket: 1683242

Cited 1 times | Published

summary judgment, asserting that pursuant to section 440.11(3), Florida Statutes (1997), it was entitled

Michelle Macola v. Government Employees

483 F.3d 1229

Court of Appeals for the Eleventh Circuit | Filed: Jun 6, 2005 | Docket: 213067

Cited 1 times | Published

law claim against his employer. See Fla. Stat. § 440.11(1) (2002) (providing that workers' compensation

Protegrity Services, Inc. v. Brehm

901 So. 2d 150, 2005 Fla. App. LEXIS 1407, 2005 WL 320704

District Court of Appeal of Florida | Filed: Feb 11, 2005 | Docket: 1666375

Cited 1 times | Published

employment." § 440.09(1), Fla. Stat. (1997); see also § 440.11, Fla. Stat. (1997). While providing employees

Powers v. ER Precision Optical Corp.

886 So. 2d 281, 2004 WL 2533029

District Court of Appeal of Florida | Filed: Nov 10, 2004 | Docket: 1380091

Cited 1 times | Published

the third party is the employer's alter ego. See § 440.11(1), Fla. Stat. (2001) ("The liability of an employer

Miami-Dade County v. Aravena

886 So. 2d 303, 2004 WL 2534233

District Court of Appeal of Florida | Filed: Nov 10, 2004 | Docket: 1380263

Cited 1 times | Published

"acting in furtherance of the employer's business." § 440.11(1), Fla. Stat. (2001). The trial court disagreed

Goodman v. Hartigan

862 So. 2d 890, 2003 WL 22970947

District Court of Appeal of Florida | Filed: Dec 19, 2003 | Docket: 1763032

Cited 1 times | Published

were, therefore, entitled to immunity under section 440.11(1), Florida Statutes (2001). In opposition

McClanahan v. State

854 So. 2d 793, 2003 WL 22056258

District Court of Appeal of Florida | Filed: Sep 5, 2003 | Docket: 1459832

Cited 1 times | Published

provision of Florida's workers' compensation law, section 440.11(1), Florida Statutes (1997). The employees

Gerard v. Scott Crane Rental Corp.

754 So. 2d 896, 2000 WL 460361

District Court of Appeal of Florida | Filed: Apr 25, 2000 | Docket: 488271

Cited 1 times | Published

tort based on workers' compensation immunity. § 440.11, Fla. Stat. *897 It is well established that summary

Florida Birth-Related Neurological Injury Compensation Ass'n v. McKaughan

668 So. 2d 974, 21 Fla. L. Weekly Supp. 91, 1996 Fla. LEXIS 277

Supreme Court of Florida | Filed: Feb 29, 1996 | Docket: 64762717

Cited 1 times | Published

context of the exclusive remedy established by section 440.11. Although the court recognized that one of

Scott & Jobalia Construction Co. v. Halifax Paving, Inc. ex rel. United States Fidelity & Guaranty Co.

538 So. 2d 76, 14 Fla. L. Weekly 357, 1989 Fla. App. LEXIS 449

District Court of Appeal of Florida | Filed: Feb 2, 1989 | Docket: 64640334

Cited 1 times | Published

Jobalia pursuant to the worker’s compensation act (§ 440.-11(1)) prevents it from being liable as Halifax’s

Dearing v. Reese

519 So. 2d 761, 13 Fla. L. Weekly 408, 1988 Fla. App. LEXIS 524, 1988 WL 8438

District Court of Appeal of Florida | Filed: Feb 10, 1988 | Docket: 64632559

Cited 1 times | Published

REMANDED. BOOTH and WIGGINTON, JJ., concur. . Section 440.11, Fla.Stat. (1983) does not provide Reese immunity

Raulerson v. Roehr

511 So. 2d 1027, 12 Fla. L. Weekly 1856, 1987 Fla. App. LEXIS 9613

District Court of Appeal of Florida | Filed: Jul 31, 1987 | Docket: 64629066

Cited 1 times | Published

employees who negligently injure their co-employees. § 440.11(1), Fla.Stat. (1978). In answer to a special interrogatory

Britton v. United States

659 F. Supp. 448, 1987 U.S. Dist. LEXIS 8444

District Court, S.D. Florida | Filed: Mar 30, 1987 | Docket: 66171057

Cited 1 times | Published

under a statutory compensation scheme. Fla.Stat. § 440.11. This immunity is also extended to so-called “statutory

Ron Burton, Inc. v. Villwock

477 So. 2d 596, 10 Fla. L. Weekly 2001

District Court of Appeal of Florida | Filed: Aug 21, 1985 | Docket: 1320686

Cited 1 times | Published

Compensation Law had applied. In such event, Section 440.11(1), Florida Statutes (1981), allows for avoidance

Burke v. Charles B. Esher, Inc.

397 So. 2d 439, 1981 Fla. App. LEXIS 19355

District Court of Appeal of Florida | Filed: Apr 28, 1981 | Docket: 64582155

Cited 1 times | Published

either of the joint venturer general contractors. § 440.11, Fla.Stat. (1975). Cf. Wilson v. Sirkin Building

Rainwater v. Vikings Men's Hairstyling

382 So. 2d 1313, 1980 Fla. App. LEXIS 16459

District Court of Appeal of Florida | Filed: Apr 23, 1980 | Docket: 64575799

Cited 1 times | Published

from common law liability pursuant to Fla.Stat. § 440.11, F.S.A. Allen v. Estate of Carman, 281 So.2d 317

Boatright v. City of Jacksonville

334 So. 2d 339, 93 L.R.R.M. (BNA) 2909, 1976 Fla. App. LEXIS 15726

District Court of Appeal of Florida | Filed: Jun 23, 1976 | Docket: 64554338

Cited 1 times | Published

liability of such employer to the employee. Section 440.11(1), Florida Statutes. Compensation for disability

Pyles v. Bridges

283 So. 2d 394

District Court of Appeal of Florida | Filed: Oct 3, 1973 | Docket: 1490175

Cited 1 times | Published

exclusive as to third-party tortfeasors. See, F.S., § 440.11 F.S.A. When the employer secures payment of compensation

Hunt v. Ryder Truck Rentals, Inc.

216 So. 2d 751, 1968 Fla. LEXIS 2045

Supreme Court of Florida | Filed: Dec 10, 1968 | Docket: 420602

Cited 1 times | Published

employer, The Miami Herald, by virtue of Florida Statute 440.11, F.S.A., does not inure to the lessor of

Williams v. Duggan

140 So. 2d 69, 1962 Fla. App. LEXIS 3547

District Court of Appeal of Florida | Filed: Mar 27, 1962 | Docket: 60204407

Cited 1 times | Published

several particulars resulting in the injury. Section 440.11, Florida Statutes 1959, F. S.A., provides:

Stone v. Buckley

132 So. 2d 613

District Court of Appeal of Florida | Filed: Sep 13, 1961 | Docket: 60198226

Cited 1 times | Published

the above quoted provision is specified in section 440.11 as exclusive and in place of all other liability

Shands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees

District Court of Appeal of Florida | Filed: Aug 7, 2025 | Docket: 69455307

Published

summary judgment motion asserting immunity under section 440.11, Florida Statutes. The supreme court responded

Steak 'N Shake, Inc. v. Amber Nicole Spears and Eric Spears

District Court of Appeal of Florida | Filed: Jun 13, 2025 | Docket: 70530554

Published

failure to secure workers compensation coverage. See § 440.11(1), Fla. Stat. (2025) (under the section entitled

Justa Carbonell v. Telemundo Television Studios, LLC

District Court of Appeal of Florida | Filed: Jan 15, 2025 | Docket: 69546357

Published

employee at the time of the injury.”); see also § 440.11(2), Fla. Stat. (explaining in pertinent part

Shands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees

District Court of Appeal of Florida | Filed: Dec 11, 2024 | Docket: 69455307

Published

summary judgment motion asserting immunity under section 440.11, Florida Statutes. The supreme court responded

Shands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees

District Court of Appeal of Florida | Filed: Dec 11, 2024 | Docket: 69455307

Published

summary judgment motion asserting immunity under section 440.11, Florida Statutes. The supreme court responded

Bottling Group, LLC v. Giovanni E. Bastien

District Court of Appeal of Florida | Filed: Apr 24, 2024 | Docket: 68439662

Published

See Byerley, 725 So. 2d at 1232–33; see also § 440.11(1)(a), Fla. Stat. (“[A]n injured employee . .

BAL HARBOUR TOWER CONDOMINIUM ASSOCIATION, INC. v. MARTIN BELLORIN

District Court of Appeal of Florida | Filed: Oct 19, 2022 | Docket: 65588649

Published

compensation immunity from civil liability under section 440.11, Florida Statutes (2021). Bellorin responded

James River Insurance Company v. Rich Bon Corp

Court of Appeals for the Eleventh Circuit | Filed: May 23, 2022 | Docket: 63331051

Published

claims against their employers. See Fla. Stat. § 440.11(1). To get around that problem, the estate argued

DIVESTON MERLIEN v. JM FAMILY ENTERPRISES, INC., SHERIDIAN 441, LLC and BENDLES RENTALS, LLC

District Court of Appeal of Florida | Filed: Jul 22, 2020 | Docket: 17370653

Published

claims arising out of the same injury.” (citing § 440.11(1), Fla. Stat. (2012)). AlliedBarton’s disclaimer

LEONIREZ HEREDIA v. JOHN BEACH & ASSOCIATES, INC. AND MICHAEL MELENDES GROSS

District Court of Appeal of Florida | Filed: Jul 24, 2019 | Docket: 15960207

Published

2Subject to limited exceptions, section 440.11(1) provides that [t]he liability

Teresita De Jesus Abreu v. Riverland Elementary School and Broward County etc.

District Court of Appeal of Florida | Filed: Jun 18, 2019 | Docket: 15788546

Published

occasioned primarily by the influence of drugs.”); § 440.11(1)(b), Fla. Stat. (workers’ compensation is the

Sedgwick CMS and The Hartford/Sedgwick CMS v. Tammitha Valcourt-Williams

District Court of Appeal of Florida | Filed: Apr 5, 2019 | Docket: 14900239

Published

accidental injury from a covered employer. See § 440.11, Fla. Stat. But for workers’ compensation protection

Sedgwick CMS and The Hartford/Sedgwick CMS v. Tammitha Valcourt-Williams

District Court of Appeal of Florida | Filed: Apr 5, 2019 | Docket: 14900239

Published

accidental injury from a covered employer. See § 440.11, Fla. Stat. But for workers’ compensation protection

King v. Starks

262 So. 3d 705

District Court of Appeal of Florida | Filed: Jan 25, 2019 | Docket: 64701631

Published

concurs. I agree affirmance is appropriate. See § 440.11, Fla. Stat.; Fla. R. Civ. P. 1.110.

King v. Starks

262 So. 3d 705

District Court of Appeal of Florida | Filed: Jan 25, 2019 | Docket: 64701632

Published

concurs. I agree affirmance is appropriate. See § 440.11, Fla. Stat.; Fla. R. Civ. P. 1.110.

Darryl Bernard King v. Sharita Starks, Sailormen, Inc. d/b/a Popeyes Chicken and Biscuits

District Court of Appeal of Florida | Filed: Jan 25, 2019 | Docket: 14516662

Published

I agree affirmance is appropriate. See § 440.11, Fla. Stat.; Fla. R. Civ. P. 1.110.

Maxum Indem. Co. v. 3rd Generation Plumbing, Inc.

342 F. Supp. 3d 1292

District Court, S.D. Florida | Filed: Jul 6, 2018 | Docket: 64321322

Published

Florida Workers' Compensation Act set forth at § 440.11(b) (2), Fla. Stat.1 After 3rd Generation was dismissed

Ramsey v. Dewitt Excavating

248 So. 3d 1270

District Court of Appeal of Florida | Filed: Jun 11, 2018 | Docket: 7284972

Published

961 So. 2d 259, 262 (Fla. 2007)). However, section 440.11(1)(b) of the Florida Statutes (2013) creates

Miami-Dade County v. Pozos

242 So. 3d 540

District Court of Appeal of Florida | Filed: Jun 6, 2018 | Docket: 7061972

Published

that “the exclusivity provision set forth in section 440.11 of the Workers’ Compensation Act is an affirmative

Citizens Property Ins. Corp. v. Calonge

246 So. 3d 447

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366308

Published

that “the exclusivity provision set forth in section 440.11 of the Workers’ Compensation Act is an affirmative

Citizens Property Ins. Corp. v. Calonge

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6374239

Published

that “the exclusivity provision set forth in section 440.11 of the Workers’ Compensation Act is an affirmative

Charles Gladden v. Fisher Thomas, Inc., The Green etc.

District Court of Appeal of Florida | Filed: Nov 19, 2017 | Docket: 6226569

Published

immune from tort liability for a workplace injury. § 440.11(1), Fla. Stat. (2008) (except as otherwise provided

Morera v. Waste Management Inc.

218 So. 3d 449, 2017 WL 2131497, 2017 Fla. App. LEXIS 7023

District Court of Appeal of Florida | Filed: May 17, 2017 | Docket: 60266208

Published

Management was immune from liability pursuant to section 440.11(2), Florida Statutes (2010), as appellant was

Wood v. Clean Fuels of Indiana, Inc.

214 F. Supp. 3d 1265, 2016 WL 5791240, 2016 U.S. Dist. LEXIS 137550

District Court, M.D. Florida | Filed: Oct 4, 2016 | Docket: 64310852

Published

462 (Fla. 4th DCA 2003); see also Fla. Stat. § 440.11. Thus, every employer coming within the provisions

Wert v. Camacho

200 So. 3d 787, 2016 Fla. App. LEXIS 13276, 2016 WL 4607535

District Court of Appeal of Florida | Filed: Sep 2, 2016 | Docket: 4418854

Published

unrelated works exception contained within [section] 440.11(1),” Florida Statutes (2010). The Camachos

SC13-1976 Bradley Westphal v. City of St. Petersburg, etc. and City of St. Petersburg, etc. v. Bradley Westphal – Corrected Opinion

Supreme Court of Florida | Filed: Jul 7, 2016 | Docket: 4108655

Published

facially unconstitutional as long as it contains § 440.11 as an exclusive replacement remedy.”), overruled

Wert v. Camacho

District Court of Appeal of Florida | Filed: Mar 30, 2016 | Docket: 3049194

Published

unrelated works exception contained within [section] 440.11(1)," Florida Statutes (2010). The Camachos

Fernandez v. Florida a & G Co.

177 So. 3d 647, 2015 Fla. App. LEXIS 14875, 2015 WL 5828256

District Court of Appeal of Florida | Filed: Oct 7, 2015 | Docket: 2865038

Published

worker’s compensation immunity located . in section 440.11(l)(b), Florida Statutes (2009), which allows

Moradiellos v. Community Asphalt Corp.

170 So. 3d 920, 2015 Fla. App. LEXIS 11343, 2015 WL 4547180

District Court of Appeal of Florida | Filed: Jul 29, 2015 | Docket: 2679130

Published

the exception for intentional torts found in section 440.11(l)(b), Florida Statutes (2009), which allows

Moradiellos v. Community Asphalt Corp.

183 So. 3d 1095, 2015 Fla. App. LEXIS 8457

District Court of Appeal of Florida | Filed: Jun 3, 2015 | Docket: 2661566

Published

the exception for intentional torts found in section 440.11(l)(b), Florida Statutes (2009), which allows

PHILLIP S. LANE v. Workforce Business Services, Inc. etc., etal

151 So. 3d 537, 2014 WL 5836805

District Court of Appeal of Florida | Filed: Nov 11, 2014 | Docket: 2595564

Published

of all other liability to an injured employee. § 440.11, Fla. Stat. (2011). It is well-established that

R.L. Haines Construction, LLC v. Santamaria

161 So. 3d 528, 2014 Fla. App. LEXIS 14605, 2014 WL 4648522

District Court of Appeal of Florida | Filed: Sep 19, 2014 | Docket: 60247194

Published

workers’ compensation immunity, as set forth in section 440.11(l)(b)2., Florida Statutes (2010). At trial

Arvizu v. Heights Roofing, Inc.

146 So. 3d 1223, 2014 Fla. App. LEXIS 13676, 2014 WL 4344367

District Court of Appeal of Florida | Filed: Sep 3, 2014 | Docket: 60242818

Published

with culpable negligence within the meaning of section 440.11(l)(b), Florida Statutes (2009), as is required

Arvizu v. Heights Roofing

District Court of Appeal of Florida | Filed: Sep 3, 2014 | Docket: 1150758

Published

culpable negligence within the meaning of section 440.11(1)(b), Florida Statutes (2009), as is required

Pena v. Design-Build Interamerican, Inc.

132 So. 3d 1179, 2014 Fla. App. LEXIS 603, 2014 WL 228681

District Court of Appeal of Florida | Filed: Jan 22, 2014 | Docket: 60238332

Published

entitled to worker’s compensation immunity under section 440.11(1), Florida Statutes (2008). We reverse, holding

Suarez v. Transmontaigne Services, Inc.

127 So. 3d 845, 2013 WL 6244198, 2013 Fla. App. LEXIS 19195

District Court of Appeal of Florida | Filed: Dec 4, 2013 | Docket: 60236890

Published

negligence claims arising out of the same injury. § 440.11(1), Fla. Stat. (2012). Where an employee works

Fernandez v. Sandy Lane Residential, LLC

112 So. 3d 610, 2013 WL 1749033, 2013 Fla. App. LEXIS 6573

District Court of Appeal of Florida | Filed: Apr 24, 2013 | Docket: 60231184

Published

were *611entitled to employer immunity under section 440.11,- Florida Statutes (2011). Sandy Lane Residential

Leticia Morales v. Zenith Insurance Company

Court of Appeals for the Eleventh Circuit | Filed: Apr 15, 2013 | Docket: 2903244

Published

So. 2d 537, 539 (Fla. 1993) (citing Fla. Stat. § 440.11(1)); see also Ruiz v. Aerorep Grp. Corp., 941

Villalta v. Cornn International, Inc.

109 So. 3d 278, 2013 WL 811797, 2013 Fla. App. LEXIS 3497

District Court of Appeal of Florida | Filed: Mar 6, 2013 | Docket: 60229541

Published

claimed under section 440.10(1), rather than section 440.11(1), Florida Statutes. See e.g. Amorin v. Gordon

List Industries, Inc. v. Dalien

107 So. 3d 470, 2013 WL 238202, 2013 Fla. App. LEXIS 925

District Court of Appeal of Florida | Filed: Jan 23, 2013 | Docket: 60228665

Published

occurred on August 23, 2005, and is controlled by section 440.11(l)(b)(2), Florida Statutes (2005). List Industries

Catlin Syndicate 2003 v. Rinkus

43 F. Supp. 3d 1255, 2012 U.S. Dist. LEXIS 190808, 2012 WL 12066977

District Court, S.D. Florida | Filed: Jul 17, 2012 | Docket: 64297014

Published

the scope of employment.”); see also Fla. Stat. § 440.11(1) (providing that workers’ compensation is generally

Pensacola Christian College v. Bruhn

80 So. 3d 1046, 2011 Fla. App. LEXIS 20851, 2011 WL 6851186

District Court of Appeal of Florida | Filed: Dec 30, 2011 | Docket: 60305625

Published

injured in the course and scope of employment. See § 440.11, Fla. Stat. (2006); Jones v. Martin Elecs., Inc

Lovering v. Nickerson

72 So. 3d 780, 2011 Fla. App. LEXIS 13419, 2011 WL 3754660

District Court of Appeal of Florida | Filed: Aug 26, 2011 | Docket: 60303304

Published

site. See § 440.10(l)(b), Fla. Stat. (2007). Section 440.11 of the Florida Statutes meanwhile provides

Fossett v. Southeast Toyota Distributors, LLC

60 So. 3d 1155, 2011 Fla. App. LEXIS 7157, 2011 WL 1879199

District Court of Appeal of Florida | Filed: May 18, 2011 | Docket: 60300078

Published

ruled that SET had immunity from suit under section 440.11(2), Florida Statutes (2006). Even though the

International Ship Repair & Marine Services, Inc. v. Aleman

38 So. 3d 821, 2010 Fla. App. LEXIS 8723, 2010 WL 2441027

District Court of Appeal of Florida | Filed: Jun 18, 2010 | Docket: 60294835

Published

and that Kirk Suchier is an employee of ISR. . § 440.11, Fla. Stat. (Supp.1990).

Hunt v. Corrections Corp. of America

38 So. 3d 173, 2010 Fla. App. LEXIS 6661, 2010 WL 1930125

District Court of Appeal of Florida | Filed: May 14, 2010 | Docket: 1659002

Published

intentional tort exception to employer immunity, section 440.11(1)(b), Florida Statutes, was applicable in

Estate of Smith v. Florida Department of Children & Families

34 So. 3d 181, 2010 Fla. App. LEXIS 6225, 2010 WL 1792681

District Court of Appeal of Florida | Filed: May 6, 2010 | Docket: 1641408

Published

allegations closely tracked the language in section 440.11(1)(b), Florida Statutes (2006), which contains

C.W. Roberts Contracting, Inc. v. Cuchens

10 So. 3d 667, 2009 Fla. App. LEXIS 6616, 2009 WL 1035087

District Court of Appeal of Florida | Filed: Apr 20, 2009 | Docket: 1131395

Published

account of the employee's injury or death under section 440.11(1), unless the employer has committed an intentional

Casas v. SIEMENS ENERGY AND AUTOMATION, INC.

1 So. 3d 294, 2009 Fla. App. LEXIS 200, 2009 WL 77979

District Court of Appeal of Florida | Filed: Jan 14, 2009 | Docket: 1653568

Published

about whether to perform the work.’” Id. (quoting § 440.11(1 )(b)(2), Fla. Stat. (2003)). Because the incident

Elizabeth Arden, Inc. v. Saldana

992 So. 2d 419, 2008 WL 4568050

District Court of Appeal of Florida | Filed: Oct 15, 2008 | Docket: 1092065

Published

argued workers' compensation immunity under section 440.11(1), Florida Statutes (2004). Because the order

Guevara v. Doormark, Inc.

946 So. 2d 1228, 2007 Fla. App. LEXIS 46, 2007 WL 5686

District Court of Appeal of Florida | Filed: Jan 3, 2007 | Docket: 64848626

Published

judgment about whether to perform the work ... § 440.11(l)(b)(2), Fla. Stat. (2004). In Pendergrass v

Griffin Bros. Co. v. Mohammed

918 So. 2d 425, 2006 Fla. App. LEXIS 781, 2006 WL 167838

District Court of Appeal of Florida | Filed: Jan 25, 2006 | Docket: 64841779

Published

by the Florida Legislature in 2003. Fla. Stat. § 440.11(1) (2003). In doing so, however, the Florida Legislature

Columbia County v. Holt

890 So. 2d 318, 2004 Fla. App. LEXIS 18857, 2004 WL 2884616

District Court of Appeal of Florida | Filed: Dec 10, 2004 | Docket: 64835262

Published

assigned primarily to unrelated works under section 440.11(1), Florida Statutes (2000), and that, at the

Latite Roofing & Sheet Metal Co. v. Barker

886 So. 2d 1064, 2004 Fla. App. LEXIS 17353, 2004 WL 2600508

District Court of Appeal of Florida | Filed: Nov 17, 2004 | Docket: 64834209

Published

had sold East Coast a defective roof deck. Section 440.11(1), Florida Statutes (2002), provides that

Tucker Transportation Co. v. State Farm Mutual Automobile Insurance Co.

883 So. 2d 357, 2004 Fla. App. LEXIS 14268, 2004 WL 2169014

District Court of Appeal of Florida | Filed: Sep 29, 2004 | Docket: 64833068

Published

from the operations of section 627.7405 under section 440.11 of the Workers’ Compensation Act, (iii) State

Sonic Automotive v. Shofer

881 So. 2d 739, 2004 Fla. App. LEXIS 13736, 2004 WL 2071213

District Court of Appeal of Florida | Filed: Sep 17, 2004 | Docket: 64832467

Published

to the workers’ com*740pensation statute. See § 440.11(1), Fla. Stat. (2002)(providing that employee

Van Berber & Associates, Inc. v. Cook

870 So. 2d 150, 2004 Fla. App. LEXIS 282, 2004 WL 66749

District Court of Appeal of Florida | Filed: Jan 16, 2004 | Docket: 64829629

Published

were barred by the exclusivity provisions of section 440.11, Florida Statutes (1999), and sought summary

Pacheco v. Florida Power & Light Co.

784 So. 2d 1159, 2001 Fla. App. LEXIS 3356

District Court of Appeal of Florida | Filed: Mar 14, 2001 | Docket: 64805314

Published

entered because of the immunity conferred by section 440.11(1), Florida Statutes (1997) of the Worker’s

Splaine v. City of West Palm Beach

768 So. 2d 1183, 2000 Fla. App. LEXIS 11918, 2000 WL 1345867

District Court of Appeal of Florida | Filed: Sep 20, 2000 | Docket: 64800876

Published

judgment hearing, Tower Systems argued that under section 440.11, Florida Statutes, Tower Systems was entitled

Mira Group, Inc. v. Duran

748 So. 2d 339, 1999 Fla. App. LEXIS 16562, 1999 WL 1111770

District Court of Appeal of Florida | Filed: Dec 8, 1999 | Docket: 64793810

Published

compensation immunity from this lawsuit pursuant to section 440.11, Florida Statutes (1995). The granting of Duran’s

Limerock Industries, Inc. v. Pridgeon

743 So. 2d 176, 1999 Fla. App. LEXIS 14010, 1999 WL 965599

District Court of Appeal of Florida | Filed: Oct 25, 1999 | Docket: 64791680

Published

payment for compensation” as provided for in section 440.11(1), Florida Statutes (1995). Following a hearing

Deen v. Quantum Resources, Inc.

750 So. 2d 616, 24 Fla. L. Weekly Supp. 489, 1999 Fla. LEXIS 1818, 1999 WL 965679

Supreme Court of Florida | Filed: Oct 21, 1999 | Docket: 64794710

Published

WORKERS’ COMPENSATION IMMUNITY PROVIDED IN SECTION 440.11, FLORIDA STATUTES (1991), AS TO INJURIES SUSTAINED

Florida Department of Transportation v. Juliano

744 So. 2d 477, 1999 Fla. App. LEXIS 12064, 1999 WL 707887

District Court of Appeal of Florida | Filed: Sep 8, 1999 | Docket: 64792042

Published

involving the “unrelated works” exception found in section 440.11(1), Florida Statutes. (1997) precluded this

Contractor's Management Services, Inc. v. Dixon

734 So. 2d 435, 1999 Fla. App. LEXIS 5458, 1999 WL 247143

District Court of Appeal of Florida | Filed: Apr 28, 1999 | Docket: 64788578

Published

worker’s compensation immunity pursuant to section 440.11(1), Florida Statutes (1997), as an affirmative

Mayhew v. Thorsen

717 So. 2d 572, 1998 Fla. App. LEXIS 9869, 1998 WL 453858

District Court of Appeal of Florida | Filed: Aug 7, 1998 | Docket: 64782792

Published

“unrelated works” within the contemplation of section 440.11, Florida Statutes (1995). AFFIRMED. GRIFFIN

Deen v. Quantum Resources, Inc.

713 So. 2d 1075, 1998 Fla. App. LEXIS 8166, 1998 WL 380516

District Court of Appeal of Florida | Filed: Jul 10, 1998 | Docket: 64781767

Published

workers’ compensation immunity provided in section 440.11, Florida Statutes (1991), as to injuries sustained

Chiang v. Wildcat Groves, Inc.

703 So. 2d 1083, 1997 Fla. App. LEXIS 11529, 1997 WL 634125

District Court of Appeal of Florida | Filed: Oct 15, 1997 | Docket: 64777895

Published

immunized from liability under the terms of section 440.11(1), which provides in pertinent part that “[t]he

Williams v. Reed

698 So. 2d 357, 1997 Fla. App. LEXIS 9447, 1997 WL 473831

District Court of Appeal of Florida | Filed: Aug 20, 1997 | Docket: 64775461

Published

The second district determined that although section 440.11 barred Mr. Perkins’ claim against Mr. Scott

Rinker Materials Corp. v. Holmes

697 So. 2d 558, 1997 Fla. App. LEXIS 7745, 1997 WL 375007

District Court of Appeal of Florida | Filed: Jul 9, 1997 | Docket: 64775181

Published

compensation immunity in this case under Florida Statute § 440.11(1).” It is clear to us that the denial is based

Roberts v. Cadco Builders, Inc.

694 So. 2d 845, 1997 Fla. App. LEXIS 6172, 1997 WL 291690

District Court of Appeal of Florida | Filed: Jun 4, 1997 | Docket: 64774087

Published

workers’ compensation immunity provided in section 440.11, Florida Statutes (1991), as to both Cadco

Bechtel Construction Co. v. Lehning

684 So. 2d 334, 1996 Fla. App. LEXIS 13397, 1996 WL 734780

District Court of Appeal of Florida | Filed: Dec 26, 1996 | Docket: 64769579

Published

1994. Bechtel’s “immunity” is derived from section 440.11(1), Florida Statutes (1998), which provides

Cartwright v. Southland Corp.

682 So. 2d 580, 21 Fla. L. Weekly Fed. D 2221

District Court of Appeal of Florida | Filed: Oct 16, 1996 | Docket: 64768726

Published

provided by the workers’ compensation law, section 440.11(1), Florida Statutes (1993), we affirm the

Ago

Florida Attorney General Reports | Filed: Sep 30, 1996 | Docket: 3256820

Published

provide reasonable notice of all such meetings. 2 Section 440.11(1), Fla. Stat. (1995). 3 Section 440.015, Fla

Walton Dodge Chrysler-Plymouth Jeep & Eagle, Inc. v. H.C. Hodges Cash & Carry, Inc.

679 So. 2d 827, 1996 Fla. App. LEXIS 9258, 1996 WL 496161

District Court of Appeal of Florida | Filed: Sep 4, 1996 | Docket: 64767453

Published

pursuant to the workers’ compensation law, Florida Statute 440.11, on the claim for contribution by the third-party

Rodriguez v. Castro

678 So. 2d 16, 1996 Fla. App. LEXIS 8894, 1996 WL 470996

District Court of Appeal of Florida | Filed: Aug 21, 1996 | Docket: 64766596

Published

Bracic v. Hall, 564 So.2d 290 (Fla. 2d DCA 1990); § 440.11(1), Fla. Stat. (1993).

Estate of Reid ex rel. Reid v. Swats

686 So. 2d 19, 1996 Fla. App. LEXIS 6874, 1996 WL 366285

District Court of Appeal of Florida | Filed: Jul 3, 1996 | Docket: 64770321

Published

overcome the immunity from suit provided by section 440.11(1), Florida Statutes (1991). See Eller v. Shova

Castillo v. Huell

675 So. 2d 180, 1996 Fla. App. LEXIS 4767, 1996 WL 252698

District Court of Appeal of Florida | Filed: May 15, 1996 | Docket: 64765242

Published

its judgment on workers’ compensation immunity. § 440.11, Fla.Stat. (1993). We affirm.1 Marcial Castillo

Floval Oil Corp. v. Munoz

679 So. 2d 286, 1996 Fla. App. LEXIS 4384, 1996 WL 210842

District Court of Appeal of Florida | Filed: May 1, 1996 | Docket: 64767193

Published

liability under the Workers’ Compensation Act, see § 440.11, Fla.Stat. (1993); Winn Dixie Stores, Inc. v.

Baxter v. Hog Valley Volunteer Fire Department, Inc.

669 So. 2d 285, 1996 Fla. App. LEXIS 907, 1996 WL 50081

District Court of Appeal of Florida | Filed: Feb 9, 1996 | Docket: 64762854

Published

440.11(1), Florida Statutes (1989). THE LAW Section 440.11(1) of the Workers’ Compensation Law provides

J.C. Concert Sound & Lighting, Inc. v. Gold

666 So. 2d 271, 1996 Fla. App. LEXIS 353, 1996 WL 14462

District Court of Appeal of Florida | Filed: Jan 17, 1996 | Docket: 64761344

Published

denying J.C.’s motion for summary judgment. See § 440.11(1), Fla.Stat. (1993); Woods v. Carpet Restorations

Proctor & Gamble Cellulose Co. v. Mann

667 So. 2d 338, 1995 WL 619885

District Court of Appeal of Florida | Filed: Oct 24, 1995 | Docket: 454562

Published

owner can obtain the immunity protection of section 440.11, Florida Statutes (1991)[2] from civil suit

McCoy v. Stein Mart, Inc.

654 So. 2d 1205, 1995 Fla. App. LEXIS 4408, 1995 WL 238768

District Court of Appeal of Florida | Filed: Apr 26, 1995 | Docket: 64756345

Published

granting summary judgment as to appel-lee Davis. Section 440.11(1), Florida Statutes, only allows an employee

Candyworld, Inc. v. Granite State Insurance Co.

652 So. 2d 1165, 1995 Fla. App. LEXIS 2261, 1995 WL 92604

District Court of Appeal of Florida | Filed: Mar 8, 1995 | Docket: 64755301

Published

contractors who sublet part of their work to others. Section 440.11 provides that the liability established in

Moss v. Alterman Transport Lines, Inc.

644 So. 2d 187, 1994 Fla. App. LEXIS 10593, 1994 WL 594777

District Court of Appeal of Florida | Filed: Nov 2, 1994 | Docket: 64751637

Published

We affirm based on the Plain meaning of ^^te. § 440.11, Fla.Stat. (1989).

Hawkins v. Cordy

642 So. 2d 1115, 1994 Fla. App. LEXIS 8818, 1994 WL 497831

District Court of Appeal of Florida | Filed: Sep 14, 1994 | Docket: 64751020

Published

policy-making capacity within the meaning of section 440.11(1), Florida Statutes (1993), and thus was not

J.C. Concert Sound & Lighting, Inc. v. Gold

642 So. 2d 635, 1994 Fla. App. LEXIS 8788, 1994 WL 497840

District Court of Appeal of Florida | Filed: Sep 14, 1994 | Docket: 64750834

Published

shared Backstage’s immunity from suit under section 440.11(1), Florida Statutes (1993). See, e.g., Motchkavitz

Univision Holdings, Inc. v. Ramos

638 So. 2d 130, 1994 Fla. App. LEXIS 5404, 1994 WL 244221

District Court of Appeal of Florida | Filed: Jun 7, 1994 | Docket: 64749076

Published

of immunity from tort liability pursuant to section 440.11, Florida Statutes (1989), and moved for final

Dynaplast, Inc. v. Siria

637 So. 2d 13, 1994 Fla. App. LEXIS 4430, 1994 WL 176527

District Court of Appeal of Florida | Filed: May 10, 1994 | Docket: 1521577

Published

that it was immune from suit *14 pursuant to section 440.11, Florida Statutes (1987) because it provided

Associated Industries of Florida Property & Casualty Trust v. Smith

633 So. 2d 543, 1994 Fla. App. LEXIS 1947

District Court of Appeal of Florida | Filed: Mar 11, 1994 | Docket: 64746934

Published

Sibley v. Adjustco, 596 So.2d 1048 (Fla.1992), section 440.11, Florida Statutes (1993) does not provide immunity

Ricketts v. Haynes

630 So. 2d 1232, 1994 Fla. App. LEXIS 336, 1994 WL 22577

District Court of Appeal of Florida | Filed: Jan 26, 1994 | Docket: 64746027

Published

applies and the estate is immune from suit. See § 440.11(1), Fla.Stat. (1991). However, if Haynes was Ricketts’

Tomlinson v. Miller

617 So. 2d 811, 1993 Fla. App. LEXIS 4702, 1993 WL 134088

District Court of Appeal of Florida | Filed: Apr 30, 1993 | Docket: 64695889

Published

circumvent workers compensation immunity. See § 440.11, Fla.Stat. (1985). This incident occurred on April

Jones v. Robinson

618 So. 2d 279, 1993 Fla. App. LEXIS 4147, 1993 WL 108117

District Court of Appeal of Florida | Filed: Apr 13, 1993 | Docket: 64696236

Published

negligence” required to permit recovery under section 440.11, Florida Statutes (1985) notwithstanding the

International Ship Repair & Marine Services, Inc. v. Emig

611 So. 2d 1359, 1993 Fla. App. LEXIS 333, 1993 WL 10848

District Court of Appeal of Florida | Filed: Jan 20, 1993 | Docket: 64693406

Published

Harbor Workers’ Compensation Act1 rather than section 440.11 of the Workers’ Compensation Law.2 The appellees

Litton v. Saf-T-Green of Orlando, Inc.

608 So. 2d 908, 1992 Fla. App. LEXIS 11444, 1992 WL 332688

District Court of Appeal of Florida | Filed: Nov 13, 1992 | Docket: 64692177

Published

defense that it enjoyed immunity from suit under section 440.11, Florida Statutes and then moved for partial

Penton v. Pompano Construction Co.

976 F.2d 636, 24 Fed. R. Serv. 3d 149, 1992 WL 289367

Court of Appeals for the Eleventh Circuit | Filed: Nov 2, 1992 | Docket: 66278126

Published

Florida’s Workers’ Compensation Law, Fla.Stat. § 440.11(1) (1987).3 *639The case proceeded to trial against

Chittenden v. Florida Power & Light Co.

600 So. 2d 571, 1992 Fla. App. LEXIS 7884, 1992 WL 153903

District Court of Appeal of Florida | Filed: Jul 7, 1992 | Docket: 64668044

Published

from liability as a “special employer” under section 440.11, Florida Statutes (1991). Finding conflicts

Becton v. K & L Contractors, Inc.

595 So. 2d 140, 1992 Fla. App. LEXIS 1203, 1992 WL 24475

District Court of Appeal of Florida | Filed: Feb 14, 1992 | Docket: 64665829

Published

contends that Becton’s claim is barred by section 440.011(1), Florida Statutes (1989) of the Workers'

Guevara v. Diehl

592 So. 2d 379, 1992 Fla. App. LEXIS 785, 1992 WL 16018

District Court of Appeal of Florida | Filed: Jan 29, 1992 | Docket: 64664568

Published

Farms, a partnership, is not entitled under section 440.11(1), Florida Statutes (1985), to employer immunity

Hammock v. Kent

592 So. 2d 765, 1992 Fla. App. LEXIS 488, 1992 WL 10897

District Court of Appeal of Florida | Filed: Jan 17, 1992 | Docket: 64664744

Published

immunity from suit as a fellow employee under section 440.11(1), Florida Statutes. However, we find that

Hotelerama Associates, Ltd. v. Wilcox

593 So. 2d 532, 1992 Fla. App. LEXIS 156, 1992 WL 4084

District Court of Appeal of Florida | Filed: Jan 14, 1992 | Docket: 64665248

Published

Johnson v. Dicks, 76 So.2d 657, 661 (Fla. 1954); § 440.11, Fla.Stat. (1989). That being so, the lower-burden

Langton v. De Cenzo

592 So. 2d 318, 1991 Fla. App. LEXIS 12907, 1991 WL 280139

District Court of Appeal of Florida | Filed: Dec 31, 1991 | Docket: 64664545

Published

compensation immunity defense, under the version of section 440.11, Florida Statutes (1989) in effect at the time

D.C. General Contractors v. Blount

588 So. 2d 674, 1991 Fla. App. LEXIS 11388, 1991 WL 231773

District Court of Appeal of Florida | Filed: Nov 12, 1991 | Docket: 64662796

Published

reject the employer/carrier’s argument that section 440.11(1), Florida Statutes, limits the class of persons

Gerentine v. McComb

586 So. 2d 94, 1991 Fla. App. LEXIS 9435, 1991 WL 188314

District Court of Appeal of Florida | Filed: Sep 26, 1991 | Docket: 64661708

Published

of action for gross negligence pursuant to section 440.11(1), Florida Statutes, in light of Streeter

Dobbins v. Weber

585 So. 2d 1143, 1991 Fla. App. LEXIS 9150, 1991 WL 181515

District Court of Appeal of Florida | Filed: Sep 18, 1991 | Docket: 64661605

Published

judgment asserting the immunity provisions of section 440.11, Florida Statutes (1983) and also on the ground

Cartier v. Florida Power & Light Co.

594 So. 2d 755, 1991 WL 174511

District Court of Appeal of Florida | Filed: Sep 10, 1991 | Docket: 1485878

Published

compensation *756 statute. Section 440.11, Fla. Stat., (1989). Section 440.11, and its preamble, requires

Mirabal v. Cachurra Corp.

580 So. 2d 285, 1991 Fla. App. LEXIS 4720, 1991 WL 82527

District Court of Appeal of Florida | Filed: May 21, 1991 | Docket: 64658986

Published

Sullivan, 509 So.2d 268 (Fla.1987).2 Under section 440.11, Florida Statutes (1985), a coemployee loses

Sibley v. Adjustco, Inc.

573 So. 2d 353, 1990 Fla. App. LEXIS 9181, 1990 WL 195824

District Court of Appeal of Florida | Filed: Dec 7, 1990 | Docket: 64655930

Published

The final judgment, however, is predicated on section 440.11, the portion of chapter 440 announcing the

Preston, Inc. v. Eugene

568 So. 2d 969, 1990 Fla. App. LEXIS 7463, 1990 WL 142510

District Court of Appeal of Florida | Filed: Oct 3, 1990 | Docket: 64653883

Published

commissioner’s order, the order becomes final and section 440.11, Florida Statutes and estoppel by judgment

Bracic v. Hall

564 So. 2d 290, 1990 Fla. App. LEXIS 5443, 1990 WL 105519

District Court of Appeal of Florida | Filed: Jul 27, 1990 | Docket: 64651696

Published

fellow-employee immunity under section 440.11(1), Florida Statutes (1985). Section 440.11(1) in pertinent part

Maxson v. Air Products & Chemicals, Inc.

554 So. 2d 1212, 1990 Fla. App. LEXIS 87, 1990 WL 396

District Court of Appeal of Florida | Filed: Jan 5, 1990 | Docket: 64647397

Published

that appellant was a borrowed servant under Section 440.11, Florida Statutes. The trial judge allowed

Dempsey v. G & E Construction Co.

556 So. 2d 426, 1989 Fla. App. LEXIS 6966, 1989 WL 149584

District Court of Appeal of Florida | Filed: Dec 13, 1989 | Docket: 64647971

Published

Inc., 130 So.2d 612. We therefore hold that section 440.11, Florida Statutes (1987), entitles a subcontractor

Pagan v. Kaskel

548 So. 2d 842, 14 Fla. L. Weekly 2134, 1989 Fla. App. LEXIS 4974, 1989 WL 104042

District Court of Appeal of Florida | Filed: Sep 12, 1989 | Docket: 64644836

Published

show gross negligence within the meaning of section 440.11(1), Florida Statutes (1985) as construed in

Stephens v. Gencorp, Inc.

549 So. 2d 1051, 14 Fla. L. Weekly 2083, 1989 Fla. App. LEXIS 4925, 1989 WL 101248

District Court of Appeal of Florida | Filed: Sep 6, 1989 | Docket: 64645357

Published

of appellee *1052and entitled to immunity under § 440.11, Florida Statutes (1983). Therefore, the verdict

Seals v. United States

714 F. Supp. 1194, 1989 U.S. Dist. LEXIS 6747, 1989 WL 65060

District Court, S.D. Florida | Filed: Jun 7, 1989 | Docket: 66179209

Published

workers’ compensation benefits. Fla.Stat. Ann. § 440.11(1). This exclusivity applies to all claims arising

Yukon v. Granada Construction of Florida

538 So. 2d 531, 14 Fla. L. Weekly 499, 1989 Fla. App. LEXIS 765, 1989 WL 11952

District Court of Appeal of Florida | Filed: Feb 15, 1989 | Docket: 64640391

Published

liability to secure compensation is exclusive under section 440.11(1) and the general contractor is immune from

Capurso v. Dibling

531 So. 2d 364, 13 Fla. L. Weekly 2083, 1988 Fla. App. LEXIS 3984, 1988 WL 91222

District Court of Appeal of Florida | Filed: Sep 7, 1988 | Docket: 64637130

Published

provisions of the Workers’ Compensation Law, Section 440.11(1), Florida Statutes (1987). See Streeter v

Garcia v. Public Health Trust

841 F.2d 1062

Court of Appeals for the Eleventh Circuit | Filed: Apr 4, 1988 | Docket: 66233127

Published

employer or his co-employee. *1066Fla.Stat.Ann. § 440.11 (West 1981). Florida has articulated a strong

Good v. Down-Rite Trenching Corp.

522 So. 2d 542, 1988 Fla. App. LEXIS 1237, 1988 WL 26351

District Court of Appeal of Florida | Filed: Mar 29, 1988 | Docket: 64633699

Published

Inc., 445 So.2d 1085 (Fla. 1st DCA 1984); Section 440.11(1), Florida Statutes (1983); 1C A. Larson,

Laderman v. Mester

510 So. 2d 630, 12 Fla. L. Weekly 1638, 1987 Fla. App. LEXIS 9147

District Court of Appeal of Florida | Filed: Jul 7, 1987 | Docket: 64628657

Published

is blind to corporate status. Nowhere does section 440.11(1) [2] impose upon injured employees a requirement

Miami International Merchandise Mart, Inc. v. Gene Somers & Associates, Inc.

506 So. 2d 54, 12 Fla. L. Weekly 1109, 1987 Fla. App. LEXIS 7915

District Court of Appeal of Florida | Filed: Apr 28, 1987 | Docket: 64626704

Published

(GS & A), the injured plaintiff’s employer. Section 440.11(1), Florida Statutes (1985) is unconstitutional

Garcia v. Public Health Trust

657 F. Supp. 99, 1987 U.S. Dist. LEXIS 3030

District Court, S.D. Florida | Filed: Feb 18, 1987 | Docket: 66170675

Published

controlling law governing this matter. Fla.Stat.Ann. § 440.11 (West 1981). See, e.g., Gray v. Eastern Airlines

Duffell v. South Walton Emergency Services, Inc.

501 So. 2d 1352, 12 Fla. L. Weekly 396

District Court of Appeal of Florida | Filed: Jan 26, 1987 | Docket: 64624838

Published

directly against her employer, as permitted by Section 440.11(1), Florida Statutes, in that the employer

Parker v. Acme Fire Equipment Co.

490 So. 2d 248, 11 Fla. L. Weekly 1456, 1986 Fla. App. LEXIS 8614

District Court of Appeal of Florida | Filed: Aug 5, 1986 | Docket: 64620218

Published

show, as it was required to do, that under Section 440.11(2), Florida Statutes (1979), it was a “safety

Greene v. Maharaja of India, Inc.

485 So. 2d 1329, 11 Fla. L. Weekly 672, 1986 Fla. App. LEXIS 6883

District Court of Appeal of Florida | Filed: Mar 18, 1986 | Docket: 64618377

Published

compensation remedy is made exclusive by statute, see section 440.11, Florida Statutes (1981), we prefer to resolve

Florida Rock & Tank Lines, Inc. v. Alford

474 So. 2d 1233, 10 Fla. L. Weekly 2055

District Court of Appeal of Florida | Filed: Aug 28, 1985 | Docket: 64613916

Published

employee) they are entitled to benefits of Section 440.11, F.S. which exempt them from liability for

Ferraro v. Marr

467 So. 2d 809, 10 Fla. L. Weekly 1077, 1985 Fla. App. LEXIS 13675

District Court of Appeal of Florida | Filed: Apr 24, 1985 | Docket: 64611495

Published

to the defendant’s claim for immunity under section 440.11(1), Florida Statutes (1981), which reads in

Johnson v. Thoni

453 So. 2d 188, 1984 Fla. App. LEXIS 13952

District Court of Appeal of Florida | Filed: Jul 24, 1984 | Docket: 64606044

Published

provision to which reference is made is found in section 440.11(2), Florida Statutes (1981).1 The complaint

McCotter Motors, Inc. v. Newton

453 So. 2d 117, 1984 Fla. App. LEXIS 14091

District Court of Appeal of Florida | Filed: Jul 3, 1984 | Docket: 64606016

Published

394 So.2d 994 (Fla.1981), the court upheld section 440.11, Florida Statutes (Supp.1978) against the constitutional

Moucha v. Burger King Corp.

450 So. 2d 335, 1984 Fla. App. LEXIS 13403

District Court of Appeal of Florida | Filed: May 24, 1984 | Docket: 64604876

Published

a claim for worker’s compensation benefits. Section 440.11(1), Florida Statutes (1979) provides that an

Hume v. Thomason

440 So. 2d 441, 1983 Fla. App. LEXIS 22721

District Court of Appeal of Florida | Filed: Oct 21, 1983 | Docket: 64600577

Published

damages on account of his injury, pursuant to section 440.11(1), Florida Statutes (1981). We affirm.1 When

Sisk v. General Builders Corp. of Fort Lauderdale

438 So. 2d 65, 1983 Fla. App. LEXIS 24292

District Court of Appeal of Florida | Filed: Aug 31, 1983 | Docket: 64599737

Published

therefore, entitled to tort immunity under section 440.11, Florida Statutes (1981). Plaintiff attempted

Alston v. Tilcon Construction & Plant Hire, Inc.

433 So. 2d 55, 1983 Fla. App. LEXIS 20274

District Court of Appeal of Florida | Filed: Jun 21, 1983 | Docket: 64597601

Published

subcontractors dependent, and thereby, under Section 440.-11, Florida Statutes (1979), immunize Tilcon from

Albert v. Salemi

431 So. 2d 345, 1983 Fla. App. LEXIS 20749

District Court of Appeal of Florida | Filed: May 18, 1983 | Docket: 64596999

Published

CURIAM. Affirmed on the basis and authority of section 440.11(1), Florida Statutes (1981); Chorak v. Naughton

Blocker v. Chance Hauling & Paving Co

426 So. 2d 70, 1983 Fla. App. LEXIS 18588

District Court of Appeal of Florida | Filed: Feb 3, 1983 | Docket: 64594953

Published

granted summary judgment for defendants based on Section 440.11, Florida Statutes (1981). We affirm. *71As

Blocker v. Wynn

425 So. 2d 166

District Court of Appeal of Florida | Filed: Jan 7, 1983 | Docket: 1657828

Published

degree of fault, except for the operation of Section 440.11, Florida Statutes. This statute provides immunity

Noel v. M. Ecker & Co.

422 So. 2d 1062, 1982 Fla. App. LEXIS 21818

District Court of Appeal of Florida | Filed: Dec 1, 1982 | Docket: 64593772

Published

employer. This argument is likewise without merit. Section 440.11, Florida Statutes (1979). AFFIRMED. ROBERT

Richmond v. Liberty Mutual Insurance Co.

420 So. 2d 360, 1982 Fla. App. LEXIS 21301

District Court of Appeal of Florida | Filed: Oct 6, 1982 | Docket: 64592519

Published

applicability of the exclusive liability provision of section 440.11, Florida Statutes (1981). This argument fails

Sharpe v. Monfort of Colorado, Inc.

419 So. 2d 1186, 1982 Fla. App. LEXIS 21320

District Court of Appeal of Florida | Filed: Oct 6, 1982 | Docket: 64592266

Published

the Act is in lieu of all other liability. Section 440.11(1), Florida Statutes (1979). Accordingly, the

Perez v. K-Mart Corp.

418 So. 2d 1052, 1982 Fla. App. LEXIS 20725

District Court of Appeal of Florida | Filed: Jul 27, 1982 | Docket: 64591899

Published

adverse final summary judgment holding that Section 440.11, Florida Statutes (1979) bars his cause of

Bryant v. Refrigerated Transport Co.

418 So. 2d 281, 1982 Fla. App. LEXIS 20443

District Court of Appeal of Florida | Filed: Jul 2, 1982 | Docket: 64591753

Published

and therefore entitles it to the immunity of section 440.11, Florida Statutes (1979). RT’s reliance on

City of Miami v. March

409 So. 2d 1107, 1982 Fla. App. LEXIS 19184

District Court of Appeal of Florida | Filed: Feb 2, 1982 | Docket: 64587939

Published

by the City’s worker’s compensation immunity. § 440.11(1), Fla.Stat. (1977). The employees, instead,

Chittick v. Eastern Air Lines, Inc.

403 So. 2d 595, 1981 Fla. App. LEXIS 21003

District Court of Appeal of Florida | Filed: Sep 14, 1981 | Docket: 64585030

Published

As to claimant’s constitutional attack on Section 440.11, Florida Statutes (1978), providing that liability

State ex rel. Destin v. Flowers

403 So. 2d 488, 1981 Fla. App. LEXIS 20872

District Court of Appeal of Florida | Filed: Aug 17, 1981 | Docket: 64584986

Published

Gainesville, 400 So.2d 1024 (Fla. 1st DCA 1981); Section 440.11 Fla.Stat. (1979). Since an injured worker’s

McCarroll v. Reagan

396 So. 2d 239, 1981 Fla. App. LEXIS 19052

District Court of Appeal of Florida | Filed: Apr 3, 1981 | Docket: 64581468

Published

the constitutionality and applicability of section 440.11(1), Florida Statutes (1979). That section provides

Powell v. Independent Construction Co.

396 So. 2d 725, 1981 Fla. App. LEXIS 18917

District Court of Appeal of Florida | Filed: Mar 11, 1981 | Docket: 64581549

Published

to each of the appellees on the theory that section 440.11, Florida Statutes (1973), provided the exclusive

Revere v. Shell Chemical Inc.

376 So. 2d 1214, 1979 Fla. App. LEXIS 16106

District Court of Appeal of Florida | Filed: Nov 20, 1979 | Docket: 64572812

Published

action against said employer was precluded by Section 440.11(1), Florida Statutes (1977). The right of an

Dodge v. William E. Arnold Co.

343 So. 2d 1359, 1977 Fla. App. LEXIS 15584

District Court of Appeal of Florida | Filed: Apr 6, 1977 | Docket: 64557867

Published

Chapter 440, Florida Statutes, specifically Section 440.11. The parties agree that unless the record establishes

Schmidt v. Howard Johnson Co.

342 So. 2d 992, 1977 Fla. App. LEXIS 15359

District Court of Appeal of Florida | Filed: Feb 1, 1977 | Docket: 64557277

Published

the defendants. We affirm on the authority of Section 440.11, Florida Statutes. Also see Murray v. Osenton

Wilson v. Sirkin Building Corp.

336 So. 2d 462, 1976 Fla. App. LEXIS 15338

District Court of Appeal of Florida | Filed: Jul 27, 1976 | Docket: 64554766

Published

418 Euclid Avenue Corp. “6. The provisions of F.S. 440.11, entitled ‘Exclusiveness of Liability’ bar the

Womble v. Raber

334 So. 2d 827, 1976 Fla. App. LEXIS 13833

District Court of Appeal of Florida | Filed: Jul 9, 1976 | Docket: 64554456

Published

predicate for the statutory immunity under Fla.Stat. § 440.11 (1973) is the obligation of contractors and subcontractors

Mortgage Corp. of America v. Vorndran

334 So. 2d 88, 1976 Fla. App. LEXIS 14564

District Court of Appeal of Florida | Filed: Jun 15, 1976 | Docket: 64554221

Published

“exclusive remedy” concept as provided by Florida Statute 440.11. The motion was granted and the order of

Greene v. Ivaco Industries, Ltd.

334 So. 2d 347, 1976 Fla. App. LEXIS 15728

District Court of Appeal of Florida | Filed: Jun 9, 1976 | Docket: 64554340

Published

ground that it is immune from liability pursuant to § 440.11(2), F.S., providing: “(2) An employer’s workmen’s

Martel v. Gibeaut, Inc.

330 So. 2d 493

District Court of Appeal of Florida | Filed: Apr 15, 1976 | Docket: 1798104

Published

that suit was pending the legislature amended § 440.11, F.S., effective June 18, 1971, so as to eliminate

Rhines v. Ploof Transfer Company, Inc.

313 So. 2d 791, 1975 Fla. App. LEXIS 13775

District Court of Appeal of Florida | Filed: May 20, 1975 | Docket: 1509596

Published

above mentioned statute then the provisions of F.S. 440.11 render defendant immune from liability, since

Orlando Armature Works, Inc. v. Manning

283 So. 2d 109

District Court of Appeal of Florida | Filed: Sep 27, 1973 | Docket: 64534480

Published

dismiss the complaint alleged, inter alia, that § 440.11, which became effective June 19, 1971, prevented

Kolarik v. Rodgers Bros. Service, Inc.

268 So. 2d 187, 1972 Fla. App. LEXIS 5968

District Court of Appeal of Florida | Filed: Nov 1, 1972 | Docket: 64528300

Published

do not reach the question of whether Fla.Stat. § 440.11, F.S.A., provides defendants, or either of them

Conklin v. Cohen

262 So. 2d 717, 1972 Fla. App. LEXIS 6796

District Court of Appeal of Florida | Filed: May 30, 1972 | Docket: 64526186

Published

entitled to the benefit of the immunity provided by § 440.11, Fla. Stat., F.S.A. As to the architect, the contract

Bowman v. Employers Mutual Liability Insurance

261 So. 2d 821, 1972 Fla. LEXIS 3823

Supreme Court of Florida | Filed: Apr 19, 1972 | Docket: 64525764

Published

assumed immunity to tort suit under Fla.Stat. § 440.11 (1969), F.S.A. The dismissal was affirmed on appeal

Bowman v. Employers Mutual Liability Insurance

261 So. 2d 821, 1972 Fla. LEXIS 3823

Supreme Court of Florida | Filed: Apr 19, 1972 | Docket: 64525764

Published

assumed immunity to tort suit under Fla.Stat. § 440.11 (1969), F.S.A. The dismissal was affirmed on appeal

Pyles v. Bridges

259 So. 2d 724, 1972 Fla. App. LEXIS 7139

District Court of Appeal of Florida | Filed: Mar 17, 1972 | Docket: 64525029

Published

which is conferred upon the employer under Section 440.11 of said Act. Pursuant to Florida Appellate

Florida Gas Co. v. Spaulding

243 So. 2d 129, 1970 Fla. LEXIS 2238

Supreme Court of Florida | Filed: Dec 16, 1970 | Docket: 64518375

Published

CARLTON, ADKINS and BOYD, JJ., concur. . F.S. § 440.11 F.S.A. Exclusiveness of liability — The liability

Florida Gas Co. v. Spaulding

226 So. 2d 115, 1969 Fla. App. LEXIS 5230

District Court of Appeal of Florida | Filed: Aug 28, 1969 | Docket: 64511223

Published

Florida Workmen’s Compensation Act, specifically Section 440.11, Florida Statutes, F.S.A., which states: “Exclusiveness

Acme Electric, Inc. v. Travis

218 So. 2d 788, 1969 Fla. App. LEXIS 6319

District Court of Appeal of Florida | Filed: Feb 6, 1969 | Docket: 64508418

Published

or unloading.” This contention also invokes Section 440.11, Florida Statutes, F.S.A., providing that the

Campbell v. Wiley

213 So. 2d 512, 1968 Fla. App. LEXIS 5162

District Court of Appeal of Florida | Filed: Aug 20, 1968 | Docket: 64506520

Published

Compensation and that therefore the action was barred by § 440.11, Fla.Stat., F.S.A.1 The appellee was injured when

Stevens v. International Builders of Florida, Inc.

207 So. 2d 287, 1968 Fla. App. LEXIS 5896

District Court of Appeal of Florida | Filed: Feb 20, 1968 | Docket: 64504101

Published

suffered are exclusively as provided therein. § 440.11, Fla.Stat., F.S. A., reads: “440.11 Exclusiveness

Holley v. Wimpy

192 So. 2d 508, 1966 Fla. App. LEXIS 4652

District Court of Appeal of Florida | Filed: Dec 7, 1966 | Docket: 64498951

Published

covered by workmen’s compensation insurance. Section 440.11, Fla.Stats., F.S.A., provides in effect that

Vargo v. Carter

188 So. 2d 402, 1966 Fla. App. LEXIS 5104

District Court of Appeal of Florida | Filed: Jun 29, 1966 | Docket: 64497367

Published

covered by workmen’s compensation insurance. F.S.A. § 440.11 provides that the exclusive remedy of employees

Hicks v. Kemp

79 So. 2d 696, 1955 Fla. LEXIS 3457

Supreme Court of Florida | Filed: Apr 20, 1955 | Docket: 64486752

Published

are specifically rendered unavailable by F.S.A. § 440.11, which provides in part that “if an employer fails

Howze v. Lykes Bros.

64 So. 2d 277, 1953 Fla. LEXIS 1181

Supreme Court of Florida | Filed: Mar 24, 1953 | Docket: 64484119

Published

suffering in a-case like this, but we think Section 440.11, F.S.A. is a complete answer to this contention

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 440 in the context of workers' compensation claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.