Supreme Court Denies Review in Estoppel Case
By a vote of 4-3, the Florida Supreme Court in this 3/20/2008 order has denied review of the Fifth District Court of Appeal's decision in Tractor Supply Company v. Kent, a case from last August which I discussed here and here.
The claimant in that case filed a tort claim against his employer after the workers' compensation carrier denied his workers' compensation claim on the grounds that his medical problems all stemmed from a pre-existing condition. The Fifth DCA had held that this denial did not estop the employer from asserting workers' compensation immunity as a defense in the subsequent tort action.
