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Unformatted text preview: urt of Appeal was faced with the issue of expanding the scope of
section 440.205 in the case of de Oca v. Orkin Exterminating Company, 692 So. 2d 257
(Fla. 3d DCA 1997). In de Oca, the plaintiff brought several claims against the employer,
including a claim under section 440.205, Florida Statutes. The court stated that:
[*101] Plaintiff asserts that Orkin is attempting to coerce him into settling his workers'
compensation claim by not respecting his physical limitations and by claiming to have
work which he can perform, when such work is not actually available. Plaintiff alleges
that his claim under Section 440.205 falls within the scope of Smith v. Piezo Technology
and Professional Administrators.
de Oca at 259.
The court in de Oca rejected the plaintiff's claim and held that the plaintiff's dispute with
the employer was within the jurisdiction of the Judge of Compensation Claims pursuant
to section 440.15(6), Florida Statutes. The court also [**23] stated that: 136 Plaintiff in essence asks us to expand the holding of Smith beyond retaliatory discharge
so that in every case in which there is a dispute under Section 440.15(6), the employee
would be allowed to file a companion civil action in Circuit Court alleging intimidation
or coercion. Such an expansion of Smith is not warranted by the language of that
decision, nor would it be consistent with the legislative intent, which contemplates that
this type of dispute will be resolved by the Judge of Compensation Claims. de Oca v. Orkin Exterminating Company, 692 So. 2d at 259.
Based on the case law and reasoning of the Florida Supreme Court and the Third District
in Scott, Smith, and de Oca, I would affirm the trial court. Furthermore, there is no
indication whatsoever in section 440.015 that the legislature intended for the circuit
courts of this state to regulate the ongoing employment relationship between an employer
and employee. 137 - - - - - - - - - - - - - - - - -End Footnotes- - - 138 Discrimination in Employment 139 140 Case # 17 FLORES v. PREFERRED TECHNICAL GROUP
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08