CopyCited 3 times | Published | Florida 1st District Court of Appeal
...The issue in this case is whether an employee engaged in a hazardous occupation as defined by Chapter 769, Florida Statutes, injured in the course and scope of such employment through the negligence of his employer (for which a right of action is granted by Section 769.02, Florida Statutes) is nonetheless limited to the remedies of the Workers' Compensation Act, Chapter 440, Florida Statutes, where the employer has secured to and for its employees the benefits of such Act....
...tory benefits of the Workers' Compensation Act. The Hazardous Occupations Act, enacted as Chapter 6521, Acts of 1913, first defines those occupations designated as hazardous (of which generating and selling electricity is one), and then provides, in Section 769.02, Florida Statutes, a right of action on behalf of employees against employers injured through the latter's negligence, in the following language: "769.02 The persons mentioned in s....
CopyCited 2 times | Published | United States Bankruptcy Court, S.D. Florida. | 10 Fla. L. Weekly Fed. B 207, 1997 Bankr. LEXIS 82
...769.05 (1996) (emphasis added.) A plain reading of this section specifically limits the exemption to causes of action brought under chapter 769 of the Florida Statutes which contains Florida's Hazardous Occupations Act. Under this Act the statutory basis for an action for damages is found in section 769.02. The Debtor's Lawsuit does not contain a cause of action based upon Fla.Stat. § 769.02, but instead seeks damages under three different theories of recovery....
