Cory Fairbanks Mazda v. Minor

‘ In this workers’ compensation case, the Employer/Carrier (E/C) challenges the Judge of Compensation Claims’ (JCC’s) rejection of its misconduct defense under paragraph 440.15(4)(e), Florida Statutes (2013). Claimant cross-appeals the JCC’s denial of her claim for an alternate neurologist. Although we affirm the JCC’s order in all respects, we write-to discuss the meaning of “misconduct” under subsection 440.02(18), Florida Statutes (2013), when an employee expresses anger about a co-employee’s actions.

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Claimant, an office worker in a car dealership, sustained compensable workplace injuries…