An employee cannot file a tort lawsuit against her employer until after it has been determined that she is not eligible for a workers’ compensation claim. And that compensability determination can only be made by an insurer or a compensation judge, a Florida appeals court has ruled.
In Steak ‘n Shake vs. Spears, Florida’s 5th District Court of Appeals overturned a Brevard County Circuit Court’s ruling in a case that involved a robbery of the r…