A divided 1st District Court of Appeal in Florida has rejected a request for a rehearing in a dispute about workers’ compensation insurance benefits for a general manager of an Orlando rental-car agency who was shot seven times while on the job.
A panel of the 1st District Court of Appeal, in a 2-1 decision in August, rejected benefits for Mohammed Bouayad, saying he had not shown a “causal link” between the injuries he suffered and the work he performed for Value Car Rental.
Bouayad then sought a rehearing before the full appeals court, or what is known as an “en banc” hearing. But in an 8-5 decision Friday, the full court rejected the rehearing request.
In the news: Florida Ranks #1 In The Nation For Entrepreneurship
Bouayad was walking between the Holiday Inn Orlando-International Airport hotel, where a rental-car kiosk was located, and an office in a separate building on June 28, 2019, when he was shot seven times at close range, according to the August decision.
He was not robbed, and Value’s insurer, Normandy Insurance Co., denied he was entitled to workers’ compensation benefits.
At least in part, Normandy pointed to a confrontation the day before the shooting between a man and Bouayad’s wife and son over an alleged debt. In a concurring opinion Friday to the decision to deny rehearing, Judge Lori Rowe wrote that the state’s workers’ compensation law “does not cover all workplace injuries; it covers only work-caused injuries.
The result is that sometimes workplace injuries — even catastrophic injuries like the ones suffered by Bouayad — will not be compensable.”
In the news: Train Crashes Into Stolen Mosaic Fertilizer Truck In Zephyrhills
But in a dissent, Judge M. Kemmerly Thomas pointed to potential broad ramifications of the ruling. “As a result of the majority opinion, most victims of violent crime at work will be denied workers’ compensation benefits,” Thomas wrote. “Civil suits will significantly increase, and specialized lines of insurance covering crime will be necessary to address expanded liability exposure for employers. The employer and employee will ultimately both bear the economic brunt of these additional costs of doing business.”
Android Users, Click To Download The Free Press App And Never Miss A Story. Follow Us On Facebook and Twitter. Signup for our free newsletter.
We can’t do this without your help; visit our GiveSendGo page and donate any dollar amount; every penny helps