Ocean Reef Club, Inc. v. Wilczewski

The issue in this ease is whether the alleged failure of an employer to report a workplace injury to his workers’ compensation carrier, pursuant to section 440.185(2) of the Florida Statutes (2006), liberates the employee to sue the employer for workplace negligence. The answer to the question is “no.”

This is an appeal of a nonfinal order denying an employer, Ocean Reef Club, Inc., the benefit of immunity from suit under section 440.11(1) of the Florida Workers’ Compensation Law (hereinafter sometimes referred to as “the Law”) on the ground Ocean Reef failed its statutory obligation to…