Fla. Salon Workers Allowed to Bring Claims Outside Workers' Comp System

MIAMI - Workers' compensation immunity does not apply to the owner of a hair and nail salon where employees were allegedly injured by exposure to chemicals but the injuries were not timely reported to the compensation carrier, a Florida court has affirmed. Ocean Reef Club, Inc. v. Wilczewski, et al., Nos. 3D09-2779 and 3D09-2791 (Fla. Ct. App., 3rd Dist.).

Florida's Third District Court of Appeal ruled 2-1 March 21 that the employer cannot seek immunity by taking a position contrary to its compensation carrier, which has asserted that there were no work-related injuries, and/or that the statute of limitations has …