LARRY W. KELLEY, APPELLANT,
v.
WINN DIXIE STORES, INC. AND CRAWFORD & COMPANY, APPELLEES
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The court reversed an order denying summary judgment to Winn Dixie, holding that Winn Dixie is entitled to worker's compensation immunity in a wrongful death action for an employee murdered by another Winn Dixie employee.
Winn Dixie is entitled to worker's compensation immunity from a tort suit for the wrongful death of its employee, as the assault was work-connected and compensable under workers' compensation law.
An assistant manager for Winn Dixie was kidnapped and murdered by a Winn Dixie employee who forced him to open the store's safe. The victim's estate s…
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PER CURIAM.
Having reviewed the record, it appears that the wrong legal standard may have been utilized by the judge of compensation claims (JCC) in evaluating the appellant’s claim in light of evidence of a preexisting condition which could have been aggravated by activity within the course and scope of employment with Winn Dixie. We, therefore, remand for a determination of the claimant’s entitlement to workers’ compensation benefits pursuant to Medeiros v. Residential Communities of America, 481 So. 2d 92 (Fla. 1st DCA 1986), and Festa v. Teleflex, Inc., 382 So. 2d 122 (Fla. 1st DCA 1980), rev. denied, 388 So. 2d 1119 (Fla.1980). We also reverse that part of the order that reads, “I find the claimant has received all benefits for which he might have been entitled for the accident of December 3, 1989.” There was no evidence that any such claim had been presented to the JCC.
BOOTH, WOLF and KAHN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Festa v. Teleflex, Inc., 382 So. 2d 122 (Fla. 1st DCA 1980)
- Medeiros v. Residential Cmtys. OF Am., 481 So. 2d 92 (Fla. 1st DCA 1986)