Florida Decision Impacts Employees’ Abilities to Bypass Workers’ Compensation System and Sue Employers for Mental Distress Tort Claims

A recent decision from the Fifth District Court of Appeal, Steak ‘N Shake v. Spears, highlights the import of Florida’s workers’ compensation adjudicative framework and may serve to prevent highly emotional claims for work-related mental distress from making their way to a jury. Amber Nicole Spears was working as a server at a Steak ‘N Shake restaurant when she was held at gunpoint by an intruder who grabbed her neck, forced her into a back room, and repeatedly threatened to kill her….
By: Foley & Lardner LLP