June 01, 2009
“Worker Compensation Carrier Abuse: Successfully Pleading Intentional Infliction of Emotional Distress under Aguilera,” Journal of the Florida Bar Workers' Compensation

By Theodore J. Leopold and Diana L. Martin

We have all heard time and again that workers’ compensation law does not protect employers from liability for intentional tortious conduct. See, e.g., Turner v. PCR, Inc., 754 So. 2d 683, 687 (Fla. 2000). But when it comes to bringing an action for intentional infliction of emotional distress against a workers’ compensation carrier, alleging that a carrier’s behavior was intentional is simply not enough. 

The full article can be read here