Misconduct and Temporary Partial Disability
One of the defenses that has become revitalized under the 2003 amendments to the Florida Workers' Compensation Act is that of "misconduct." This defense was originally enacted in 1989, and had to do primarily with the defense of a "wage loss" claim where the claimant's post-accident employment was terminated because of his own misconduct on the job. But since the legislature repealed the "wage loss" provisions in 1994, there apparently hasn't been very much litigation on the topic.
In 2003, however, the legislature enacted s.440.15(4)(e) and specifically made the claimant's post-accident "misconduct" on the job a defense to the payment of temporary partial disability ("TPD") benefits. But what is "misconduct" exactly? We now have some guidance from the First District Court of Appeal on that question.
Continue Reading...
