GIBBONS, TUCKER, MCEWEN, SMITH. JOFER & TAUB
ATTORNEYS AND COUNSELORS AT LAW
606 MADISON STREET, P. O. BOX 1363
TAMPA, FLORIDA 33601
M. 0. OIBBONS, 1862.1989
OUNBYT BBOirOS, 1890.19o70
LESTER M. BLAIN
JOSEPH B. COFER
A. FLETCHER DYOHES
J. MICHAEL FORD
ARTHUR S. GIBBONS
MYRON 0. GIBBONS
SAM M. GIBBONS
JOHN A. GUYTON, JR.
PHILIP R. LAZZARA
JAMES M. MCEWEN
E. BRADFORD MILLER
WILLIAM R. PLATT
J. PHILLIP SHORT
ARMIN H. SMITH, JR.
RICHARD N. STIEW
THEODORE 0. TAUB
WM. EARLE TUCKER
JACQUELINE B. WEATLEB
ROBERT V. WILLIAMS
March 28, 1974
IN REPLT R EPR TO.
L / .
Mr. Clint Schultz
Southwest Florida Water Management
P.O. Box 457
Brooksville, Florida 33512
aes Workmen's Compensation Cl
Dear Mr. Schultzt
In reply to your letter of January 2, 1974, directed to
Mr. Myron G. Gibbons, please be advised that I have reviewed
the Florida Workmen's Compensation Act relative to question
as to whether it would be legally permissible for the District
to have an agreement with employees to the effect that the
District would not be responsible for accident or disability
as a result of pre-existing physical conditions such as, allergies,
Please be advised that we are of the opinion that agreements of
this nature would be invalid and uninforoible in view of the
following provisions of the Workmen's Compensation Act.
440.21 (2) States as follows, "No agreement by an
employee to waive his right to compen-
sation under this chapter shall be valid."
If you have any further questions relative to this matter, please
do not hesitate to contact the writer.
Very truly yours,
Armin H. Smith, Jr.
, nith:. *
,G t iot would like you to call Clint
B 3 At w.e Southweat Florida Water
': districtct concerning this letter.
oevIt Ta1pa # is 229-2811 or 229-0039.
B Southwest Clorida
Water Managemaent District
P. O. BOX 457 I
DERRILL McATEER, Chairman, Brooksville
S. C. BEXLEY, JR. Vice Chairman, Land O' Lakes
JOHN A. ANDERSON, Treasurer, St. Petersburg
BROOKSVILLE, FLORIDA 33512
HERMAN BEVILLE, Bushnell
J. R. GRAW, Ocala
JOE E. HILL, Leesburg
N. BROOKS JOHNS, Lakeland
THOMAS VAN der VEER, Yankeetown
ROBERT E. VAUGHN, Brandon
Donald R. Feaster, Executive Director
January 2, 1974
4le" I- et -
Myron G. Gibbons, Esquire
C/O GIBBONS, TUCKER, McEWEN,
P. 0. Box 1363
Tam a Floida 3 1 1 91
SMITH, COFER & TAUB
-Ree: Workmen's Compensation- iams
Let me pose a hypothetical instance here for you to consider and give me
an opinion on.
Suppose, for example, a prospective employee comes to the District seeking
employment. On his medical history form he states that he is allergic to
bee stings. Would it be legally permissible for the District to have
a form wherein that employee would be required to sign the form stating
that in case he were stung by a bee the District would not be responsible
for cost associated with that work-oriented injury? There are a number of
other hypothetical situations which could be posed similar to the above,
but the basic point is, would a stipulation signed by an employee to the
effect that he would hold the District liable or responsible for certain
types of work oriented injuries be legal?
Very truly urs,
CLINT SCHULTZ, Director
Division of Administration