Florida Court Rules Employers Can’t Claim Workers’ Comp Immunity After Denying Claims

A recent ruling by the 3rd District Court of Appeals in Florida has significant implications for employers and workers’ compensation insurers. The court upheld a decision that prevents employers from denying a workers’ compensation claim on the basis that an incident, such as a shooting, was not work-related, and then turning around to assert immunity from tort lawsuits on the grounds that the incident occurred at work. This case involved a shooting at a Pepsi bottling facility in Medley, Florida, where an employee, Giovanni Bastien, was injured by a co-worker over union-related issues.

The employer, Bottling Group, initially denied Bastien’s workers’ compensation claim, citing that the incident did not occur during work or on company premises. Bastien then filed a tort lawsuit against the company, which sought dismissal based on workers’ compensation immunity. The court’s decision to deny this defense highlights a crucial aspect of workers’ compensation law, emphasizing the inconsistency in claiming immunity after a claim has been denied.

This ruling aligns with previous decisions by Florida courts, reinforcing the doctrine that employers must maintain consistent stances in their legal defenses. As workplace violence continues to rise, this decision could place employers in a challenging position, having to choose between accepting higher workers’ compensation costs or facing potentially expensive tort litigation.