JCC Denies TPD After Product Theft Misconduct Finding

In Zeches v. Sprouts Farmers Market/Gallagher Bassett Services, Inc., OJCC Case No. 26-001923RAA, Judge Robert A. Arthur denied temporary partial disability benefits after the claimant was terminated from her post-injury job at Sprouts.

The claimant had continued working after a December 2025 accident involving a broken stool. Sprouts accommodated her restrictions until May 12, 2026, when she was terminated after an incident involving store product taken from the sales floor and given to her granddaughter without payment.

The JCC found that the claimant did not prove her loss of income was caused by the workplace injury rather than the termination. The order also found, in the alternative, that the termination was based on misconduct under section 440.15(4)(e), Florida Statutes.

Because the wage loss flowed from the termination and the misconduct defense applied, the JCC denied temporary partial disability benefits, penalties, interest, costs, and attorney fees, and dismissed the January 26, 2026 petition with prejudice.

Source: Compensation Order