Welch v. Complete Care Corp., 818 So.2d 645 (Fla. 2d DCA 2002)

Outcome: settled after appeal

Description: Welch was severly injured at work when attempting to force open an industrial garage door which exploded in his face, suffering 50 subsequent surgeries. After filing suit against the commercial landlord, he settled with them but because the landlord had an indemnification agreement in its lease with Welch's employer, took an assignment of the landlords claim against his employer as part of the settlement. He then brought suit against his employer based upon the assigned indemnification agreement. The employer and worker's compensation carrier defended, contending that Welch could not sue them because of worker's compensation immunity and all this case was but a circumvention of his exclusive remedy against the employer for worker's compensation benefits. The trial court agreed with Welch's employer and worker's compensation carrier. The appeals court did not and reversed. The case was settled after favorable appeal. Then, Welch's worker's compensation case was also settled.