Mohammed Bouayad v. Normandy Insurance Company

CourtSupreme Court of Florida
DecidedJuly 9, 2026
DocketSC2023-1576
StatusPublished

This text of Mohammed Bouayad v. Normandy Insurance Company (Mohammed Bouayad v. Normandy Insurance Company) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mohammed Bouayad v. Normandy Insurance Company, (Fla. 2026).

Opinion

Supreme Court of Florida ____________

No. SC2023-1576 ____________

MOHAMMED BOUAYAD, Petitioner,

vs.

NORMANDY INSURANCE COMPANY, et al., Respondents.

July 9, 2026

MUÑIZ, J.

An unknown assailant shot Mohammed Bouayad while he

walked at midnight from an inside location to an unsecured outside

location at his employer’s place of business. A judge of

compensation claims (JCC) found Bouayad eligible for workers’

compensation benefits, relying in part on this Court’s decision in

Strother v. Morrison Cafeteria, 383 So. 2d 623 (Fla. 1980). In that

case, we upheld an award of workers’ compensation benefits to a

cashier for injuries she sustained after being assaulted and robbed

by men who followed her home from work, thinking she carried cash deposits. See id. at 623-24, 628.

In the decision under review, Normandy Insurance Co. v.

Bouayad, 372 So. 3d 671 (Fla. 1st DCA 2023), the First District

Court of Appeal held Bouayad’s injuries non-compensable,

reasoning that they did not arise out of work performed by

Bouayad, as required by Florida’s workers’ compensation law. Id.

at 682; see § 440.09(1), Fla. Stat. (2018) (requiring compensation

for accidental injury “arising out of work performed in the course

and the scope of employment”). The district court also certified the

following question as one of great public importance:

Notwithstanding Strother v. Morrison Cafeteria, 383 So. 2d 623 (Fla. 1980), when an act of a third-party tortfeasor is the sole cause of an injury to an employee who is in the course and scope of employment, can the tortfeasor’s act satisfy the occupational causation element, as defined by section 440.02(36), Florida Statutes [(2018)], necessary for compensability under the Worker’s Compensation Law?

Bouayad, 372 So. 3d at 683.

We believe that the First District’s decision, which departed

from longstanding precedent governing the compensability of

injuries sustained in workplace assaults, adopted an erroneous

interpretation of the applicable statutory provisions. We also

-2- believe that, as written, the certified question improperly

incorporated a tort-based understanding of causation that is out of

place in the workers’ compensation context. Therefore, we rephrase

the certified question as follows:

When a third-party tortfeasor assaults an employee who is in the course and scope of employment, can the resulting injuries be compensable under the Workers’ Compensation Law?

Our answer to the rephrased certified question is yes, provided that

the workers’ compensation claimant can meet his burden of

establishing work-relatedness under the principles we explain in

our decision today.

I

A

While wrapping up his workday as the general manager of a

car rental business located on the premises of a hotel near Orlando

International Airport, Bouayad was shot numerous times at close

range by an assailant who emerged from a dimly lit area and who

did not rob Bouayad. The unsolved crime, captured by a

surveillance camera, took place around midnight on June 28, 2019,

while Bouayad walked under a covered, outdoor walkway from the

-3- hotel atrium (where his company’s kiosk desk was located) to an

outside office near the pool. At the end of each shift, Bouayad

carried rental agreements and cash (if any) from the kiosk to that

office. On the night in question, he worked the late shift because

he was training new hires after having recently fired three

employees (two for theft, one for drug use). Bouayad otherwise

would not have been working that shift.

Though gravely injured by the assailant, Bouayad made his

way back to the hotel atrium, where he collapsed and expressed his

belief that he had been shot by “Robert”—a reference to Robert

Aponte, who, one day earlier, had threatened to kill Bouayad’s son.

But Aponte was never charged in connection with the shooting of

Bouayad. In fact, although “[t]he shooter’s face was not clearly

visible on the video,” Bouayad, 372 So. 3d at 675, witnesses who

knew Aponte—including Bouayad’s son—opined that Aponte was

not the assailant seen on the video.

After surviving the attack, Bouayad petitioned for workers’

compensation benefits. The carrier, Respondent Normandy

Insurance Company, responded that the “[e]ntire claim [was]

denied” on the ground that “the incident did not arise out of

-4- employment,” as required by chapter 440, Florida Statutes. In the

prehearing stipulation, Normandy listed its “affirmative defense[]”

as: “[A]ssault was an intentional and personal, non-work related

event.” Post-hearing, Normandy’s more nuanced position was that

Bouayad failed his burden of establishing “arising out of,” given

that “both the identity of the shooter and the motive for the

shooting are either (1) unknown; or (2) relate to a non-work related

family dispute.” In Normandy’s view, the record thus supported

only one of two conclusions: that the shooting was Aponte-related

or had some other non-work connection.

B

At the final hearing, Bouayad of course attempted to establish

that the shooting was “work related.” He did more than just

present evidence suggesting that Aponte “was not the shooter.”

Bouayad, 372 So. 3d at 675. Consistent with longstanding

workers’ compensation precedent, Bouayad also introduced

evidence regarding the risks and hazards of his employment,

including the nature of his job duties, his work hours, and the

location of the business (in a high-turnover hotel near the airport,

where the crime rate was higher than near Bouayad’s residence).

-5- Based on these and other factors, Bouayad’s experts concluded that

he “faced an increased risk of becoming a crime victim when at

work.” Id. One expert also testified that “the dimly lit area and the

surrounding vegetation along the walkway between the kiosk and

the office . . . contributed to Bouayad becoming a crime victim while

at work.” Id. at 675-76.

Normandy in turn introduced testimony of its own experts.

The takeaways from that testimony were: “the shooting was a

targeted attack” and “not a robbery”; the risk of violent crime was

higher near Bouayad’s residence than near the hotel; “the

lighting . . . was sufficient” along the walkway; and Bouayad “was

not at an increased risk of crime at the hotel.” Id. at 676.

After a final merits hearing, the JCC eventually issued an

amended order awarding benefits to Bouayad. In that order, the

JCC framed the sole issue as whether Bouayad’s “injuries arose out

of his employment.” The JCC then explained why this Court’s 1980

decision in Strother—an assault and robbery case in which the

“arising out of” requirement was satisfied—remained “good law.”

The JCC next set forth his findings of fact and conclusions of

law. Among other things, the JCC found that Bouayad “was

-6- walking alone in an unsecured area” and that “the area from which

the shooter emerged . . . was dark,” making Bouayad “more

vulnerable to an unexpected attack.” The JCC accepted—as

“consistent with the evidence”—the opinion of one of Bouayad’s

experts that the work environment presented “enhanced risks of

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Strother v. Morrison Cafeteria
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Mohammed Bouayad v. Normandy Insurance Company, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mohammed-bouayad-v-normandy-insurance-company-fla-2026.