Normandy Insurance Co. v. Bouayad
| (Fla. 1st DCA) (8-16-23) (Bill Rogner) Compensability/Arising out of. Sixteen months after the oral argument held at the Workers’ Compensation Forum in 2022, the First DCA finally issued its opinion in this case. It reversed the JCC and ruled that the claimant’s injuries were not compensable. The claimant was shot multiple times while at work. Although seriously injured, he survived his wounds and filed for workers’ compensation benefits. On the night of the shooting, he identified “Robert” as the assailant, but later recanted, instead asserting that the shooting was work-related. Aside from testimony suggesting that the workplace was in a high-risk area, he presented no evidence that the shooting related to his employment aside from mere presence at the workplace. The JCC found that the most likely cause of the shooting was a workplace dispute or a disgruntled employee, although no evidence supported that conclusion. Nonetheless, the JCC ruled the shooting compensable, and the E/C appealed. The court reversed, ruling that there was “no causal link between the injuries claimant suffered in the shooting and the work he performed. The only work activity performed by claimant at the time of the shooting was walking while carrying a rental agreement. The identity of the shooter was unestablished, his motive was unknown, and no evidence connected the shooter to the work claimant performed for his employer.” Since the claimant failed to prove that the shooting was caused by the work he performed for his employer the injuries were not compensable. One judge dissented and the court also certified a question to the Florida Supreme Court, so stay tuned. Click here to view Opinion |