Case Law Update October 2025
| Updated 10/20/25 Cobb v. TECO Energy, Inc., ___So.3d___ (Fla.1st DCA 10/15/25) Temporary Benefits/Misconduct Defense The DCA affirmed the JCC’s denial of TPD benefits based upon the claimant’s termination for misconduct but wrote to clarify the use of the definition of misconduct found in unemployment proceedings (F.S.s. 443.036(29) applicable in WC proceedings (F.S.s 440.02(18). In this case, the parties cited to multiple cases interpreting the application of “misconduct.” However, the prior opinions related to the version found in Chapter 443 as of 2004. That subsection was amended in 2011 and 2012. The opinion clarifies that the applicable analysis must consider the language of the amended versions of the statute and case law applicable thereto. Click here to view Opinion Ortega v. Enlightening Venture, Inc./Travelers, ___So.3d__ (Fla. 1st DCA 10/15/2025) Occupational Causation The DCA affirmed citing to their decision in Bouayad (holding that claims of injury caused by a tortfeasor’s acts will not be found compensable when an employee fails to meet his burden to establish an occupational cause) although that case is still pending a decision from the Fla.S.Ct. Click here to view Opinion |