Gil v. Tenet Healthsystem N. Shore, Inc.

4 Citing cases

  1. Payne v. J.B. Hunt Transp., Inc.

    No. 17-11808 (11th Cir. Oct. 4, 2017)

    But "[i]f an employer takes the position in a workers' compensation proceeding that the employee is not owed workers' compensation because the injury did not occur in the course and scope of employment . . . the employer may be subsequently estopped from claiming immunity . . . ." Gil v. Tenet Healthsystem N. Shore, Inc., 204 So. 3d 125, 127 (Fla. Dist. Ct. App. 2016) (internal quotation marks omitted). To invoke estoppel, a plaintiff must establish the following:

  2. Baker v. Ascend Performance Materials Operations, LLC

    No. 24-10839 (11th Cir. Nov. 20, 2024)

    Employers are not foreclosed from claiming immunity simply because they denied benefits or asserted a defense in the workers' compensation proceeding. Gil v. Tenet Healthsystem N. Shore, Inc., 204 So.3d 125, 127 (Fla. Dist. Ct. App. 2016).

  3. Bottling Grp. v. Bastien

    390 So. 3d 177 (Fla. Dist. Ct. App. 2024)   Cited 1 times

    Watson Clinic, LLP v. Verzosa, 816 So. 2d 832, 834 (Fla. 2d DCA 2002). As the Fourth District Court of Appeal explained in Gil v. Tenet Healthsystem N. Shore, Inc., 204 So. 3d 125 (Fla. 4th DCA 2016), "if an employer merely states a defense within the workers’ compensation proceeding, an employer will not be estopped from later asserting immunity." Id. at 127.

  4. Sedgwick CMS v. Valcourt-Williams

    271 So. 3d 1133 (Fla. Dist. Ct. App. 2019)   Cited 10 times   1 Legal Analyses
    Holding where relevant facts are undisputed, court reviews de novo the JCC's application of law to those facts

    Here, the elements of estoppel are shown, and therefore, the employer is not entitled to summary judgment on the basis of the Workers' Compensation Act. Id. at 1232-33 ; see alsoGil v. Tenet Healthsystem N. Shore, Inc. , 204 So.3d 125 (Fla. 4th DCA 2016). Here, even though Valcourt-Williams would likely not have a tort cause of action, if we eliminate compensability for workplace slip and falls — injuries incidental but not directly caused by employment — other employees who suffer workplace injuries which are no longer compensable would likely be able to sue.