In Dawn M. Hogue v. Global Unity Care, Inc. and Ascendant Claims Services Claimant suffered injuries when she was attacked by a resident of the facility. After the attack the employer implemented new rules where the Claimant was not allowed to walk the hallways or enter the room alone where the person who attacked her was present. Claimant broke the rules and was terminated. Pursuant to the statute, if the employee is terminated from post-injury employment based on the employee’s misconduct, the employee is not entitled to TPD benefits. The JCC found that the employer has failed to show that claimant’s conduct before her termination constituted disqualifying misconduct under the statute. The JCC denied the E/C’s misconduct defense. Furthermore, the JCC found that the claimant had presented a prima facie case of entitlement to TP/TT benefits. Petition GRANTED.
