Construction Co. Wasn't Barred From Raising Exclusivity Defense to Worker's Tort Claim

A Florida appellate court ruled that a construction company was not precluded from raising workers’ compensation immunity as a defense to a tort claim by a worker. Case: Fist Construction v. Obando, No. 3D16-2706, 11/29/2017, published. Facts and procedural history: A roofing subcontractor for a residential construction project in Homestead hired Fist Construction to perform part of the roofing work. Fist foreman Hector Lopez hired Santos Obando as a laborer to help with the project. Obando allegedly suffered injuries while working on the project. He filed workers’ compensation ...