SILVERS

v.

DOWLING, JUDGE, ET AL.

Citator

Cited By

• Mandico v. Taos Constr., Inc., 605 So. 2d 850 (Fla. 1992)
  …clusiveness of liability clause. See Mullarkey v. Florida Feed Mills, Inc., 268 So. 2d 363, 365 (Fla.1972) (when chapter 440 coverage is elected, chapter’s provisions, including exclusiveness of liability, apply and bind employee), appeal dismissed, 411 U.S. 944, 93 S.Ct. 1923, 36 L.Ed.2d 406 (1973). We find no constitutional impediment to limiting the liability of one who employs an independent contractor where such a contractual election has been made. See id. (no unconstitutional discrimination exists w…
• Chorak v. Naughton, 409 So. 2d 35 (Fla. 2d DCA 1981)
  …ure to tort litigation. Likewise, the employee relinquishes his tort remedies for a system of compensation sparing him the cost, delay, and uncertainty of litigation. Mullarkey v. Florida Feed Mills, Inc., 268 So. 2d 363 (Fla.1972) appeal dismissed, 411 U.S. 944, 93 S.Ct. 1923, 36 L.Ed.2d 406 (1973). The mere filing of a compensation claim does not preclude an injured party from pursuing common law remedies. Williams v. Duggan, 153 So. 2d 726 (Fla.1963). However, a plaintiff who asserts that his injury w…
• Velez v. Oxford Dev. Co., 457 So. 2d 1388 (Fla. 3d DCA 1984)
  …fact, most Florida eases dealing with election under the Workers’ Compensation Law involve employees who voluntarily filed claims against their employers, see, e.g., Mullarkey v. Florida Feed Mills, Inc., 268 So. 2d 363 (Fla.1972), appeal dismissed, 411 U.S. 944, 93 S.Ct. 1923, 36 L.Ed.2d 406 (1973) (employee, by his voluntary act, chose to bind himself to provisions of Workers’ Compensation Law); Matthews v. G.S.P. Corp., 354 So. 2d 1243 (Fla. 1st DCA 1978) (employee may not elect to file workers’ compensa…