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Worker Must File Comp Claim Before Suing Employer

Tuesday, June 17, 2025 | 1

Florida workers can't unilaterally decide that an injury explicitly excluded from workers' compensation coverage is not compensable before suing their employers in tort, a state appellate court ruled. Instead, a worker must file a workers' compensation claim and have a carrier or a judge determine that the injury is not compensable before suing the employer. What's more, the 5th District Court of Appeal said only a judge of compensation claims, not a circuit court judge, can rule on compensability. Amber N. Spears was working for Steak 'n Shake when a man held her at...

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