Every U.S. jurisdiction has created a separate body of law to address workplace injuries - the workers’ compensation scheme. These no-fault systems provide employees injured on the job lost wages and medical benefits. It also immunizes employers from negligence claims arising out of most workplace accidents. This article discusses a growing phenomenon in Florida’s workers’ compensation scheme, the use of estoppel to negate employer immunity. This article lays out the various theories of estoppel—primarily judicial and equitable—that may be asserted in the context of on-thejob injury litigation. This article goes on to explain why Florida courts should refrain from application of equitable estoppel in employee tort actions. Instead, workers’ compensation litigation should be allowed to take its course and judicial estoppel applied when injuries are held to be non-compensable.
Neil A. Ambekar,
Equitable Estoppel & Workers' Compensation Immunity: Why Litigants and the Courts Are Getting Ahead of Themselves,
Fla. A&M U. L. Rev.
Available at: http://commons.law.famu.edu/famulawreview/vol10/iss2/3