Recreational/
Social Activities
Social Activities
An off duty cop broke his ankle while playing in a softball game between cops and fireman. Compensable or not?
Injury was found to be non-compensable since the game was not a regular incident of employment and there was no evidence that the city derived a substantial benefit from the game.
Brockman v. City of Dania, 428 So.2d 745 (Fla. 1st DCA 1983).
Are injuries before or after hire compensable?
Why or why not?
Injuries before hire are not compensable. Once claimant is offered the job, whether or not paper work is finalized, worker’s compensation coverage begins. Injuries incurred while leaving the premises, collection pay or getting his clothing or tools within a reasonable time after termination or employment are compensable.
True or False? An employee who is required to travel in connection with his employment who suffers an injury while in travel status shall be eligible for benefits.
440.092(4)
An employee who is required to travel in connection with his employment who suffers an injury while in travel status shall be eligible for benefits under this chapter only if the injury arises out of and in the course of his employment while he is actively engaged in the duties of his employment.
True or False? Accidents occurring during a deviation from employment that are “in response to an emergency and designed to save life or property” are not compensable.
Section 440.092(3) expressly mentions that accidents occurring during a deviation from employment that are “in response to an emergency and designed to save life or property” are compensable. This “rescue” doctrine does not require that the injury come directly from the nature of the claimant’s employment. All that is required is that the employment places the claimant in a position that requires him by ordinary standards of humanity to respond to an emergency.
Compensable? accident where employee was injured while on a fifteen minute break on the premises?
Haddock v. Hardwoods of Orlando, Inc., 452 So.2d 97 (Fla. 1st DCA 1984), Yes. The court reasoned that this accident occurred during the period of employment at a place where the claimant was reasonably expected to be.
The claimant was injured while participating on a company sponsored softball team, business was discussed during the game.
Copytronics v. Lemon, 588 So.2d 23 (Fla. 1st DCA 1991)
Court failed to find a compensable injury since the court failed to find that discussing business during a game constituted a substantial direct benefit to the employer.
claimant applies for a job as a back hoe operator and was given a “try out.” While waiting, claimant helped a work crew and was injured. Compensable or not?
Wright v. Douglas N. Higgins, 617 So.2d 460 (Fla. 3rd DCA 1993), Not compensable. (Note: Had this injury occurred during the try-out, this injury would have been compensable)
A groom for a racing stable, involved in an accident that occurred while the claimant was leaving a Laundromat after washing “barn laundry.”
The employer only requested that the laundry be washed “somewhere” and knew of the groom’s routine practice of going across the street. Compensable?
Ramirez v. Farish, 855 So.2d 1182 (Fla. 1st DCA 2003), claimant, a groom for a racing stable, was initially denied compensation benefits for an accident that occurred while the claimant was leaving a Laundromat after washing “barn laundry.” On appeal, the court found the accident compensable stating that while the claimant could have washed the laundry at the barn, the employer only requested that the laundry be washed “somewhere” and knew of the groom’s routine practice of going across the street to the Laundromat to do laundry in connection with their employment.
The claimant, a truck driver, stopped to assist an accident victim who had been involved in an automobile accident. While assisting the victim, the truck driver himself was struck by a vehicle causing his death. Accident compensable?
Rockhaulers, Inc. v. Davis, 554 So.2d 654 (Fla. 1st DCA 1989), Yes.
Automobile accident involving a claimant who was returning from swimming which was physician approved therapy for an industrial accident. Compensable?
Little Caesar’s Pizza v. Ingersoll, 572 So.2d 8 (Fla. 1st DCA 1992), compensable. Injuries incurred while traveling to a doctor for care or receiving treatment related to a workman’s compensation covered injury are compensable.
The claimant injured while playing for company-sponsored softball team after hours.
Bari Italian Food v. Rittger, 527 So.2d 255 (Fla. 1st DCA 1988), compensable claim when employer derived substantial benefit due to advertisement of employer’s business.
An individual injured during a mandatory orientation session was deemed an employee, such that workers compensation benefits were payable.
Jenks v. Bynum Transport, Inc., 104 So. 3d 1217 (Fla. 1st DCA 2012).
The court affirmed the general rule that there is no entitlement benefits before hiring; however, found it to be compensable here. In this case the claimant was required to attend an orientation session before actually being employed. He was also provided travel pay for lodging expenses incurred for the orientation period. The employer exerted control over the claimant during the orientation period, and the orientation was not part of the application process. The claimant was also paid a salary for attending the orientation. Workers' compensation benefits had been paid to individuals who had sustained injuries while participating in the orientation.
The claimant was a traveling construction worker. Claimant was involved in a car accident while driving to dinner after he had been playing pool for an hour.
Compensable?
Thompson v. Keller Foundations, Inc., 883 So.2d 356 (Fla. 1st DCA 2004), The court found the accident to be compensable, stating that a traveling employee is deemed to be in the continuous conduct of his employer’s business including those times when he is not actually at work but is engaged in normal and necessary activities. Although the claimant was engaged in amusement activities immediately prior to the accident, the judge found no reason that the employee was not attending to normal creature comforts and reasonably necessary activities
The claimant deviated from employment by visiting a friend while departing from his route while making a delivery.
The friend attempted to scare a co-worker that was in the car with Gonzalez with a gun. In an attempt to rescue a co-worker, Gonzalez jumped between his friend and the co-worker and was shot in the head. Compensable?
Southern Wine & Spirits, Inc. v. Gonzalez, 429 So.2d 1294 (Fla. 1st DCA 1983), Despite the fact that claimant had been deviating from employment, the deviation was purged by the rescue and the accident was compensable.
Compensable? Where employer arranged and paid for claimant to go to a hospital for purposes of undergoing tests related to a personal injury and claimant suffered an adverse reaction during the test.
See General Conference of the 7th Day Adventist Intramerican Division v. Smith, 503 So.2d 928 (Fla. 1st DCA 1987), the injury was found to be compensable.
Claimant won contest entitling him to free cocktails for a certain period of time at the employer’s bar. Claimant become intoxicated and was injured.
McCoy Restaurants, Inc. v. Griffith, 569 So.2d 764 (Fla. 1st DCA 1990), noncompensable.
Court determined that this did not constitute a compensable accident since the employer did not derive substantial direct benefit from the activity in question.
A flight attendant claimant injured when dove into hotel pool and struck head on bottom.
Compensable?
American v. LeFevers, 674 So.2d 940 (Fla. 1st DCA 1996), Accident compensable under personal comfort doctrine, despite employer/carrier’s argument that the claimant was not actively engaged in employment duties.
Injuries occurring while helping a motorist push a disabled vehicle out of the road. Compensable?
See D.L. Cullifer & Son, Inc. v. Martinez, 572 So.2d 1360 (Fla. 1990); Alexander & Alexander Fashion v. Ortega, 562 So.2d 418 (Fla. 1st DCA 1990). Often, yes.
Compensable? Accident where a claimant was required to transport laundry to and from a facility. Since the claimant was transporting “barn laundry” he was not on a non-essential personal errand.
Ramirez v. Farish, 855 So. 2d 1182 (Fla. 1st DCA 2003), compensable. The Court applied the traveling employee doctrine and found the accident to be compensable.
Includes travel between employer owned parking lots and employer office buildings. It is considered compensable if an accident occurs when driving between two employer owned premises or locations.
Injuries from automobile accident that occurred while returning from a theme park were compensable since the trip to the theme park was a company sponsored event
See American Family Pizza v. Taylor, 573 So.2d 956 (Fla. 1st DCA 1991), If participation in a recreational or social even is found to be within the course and scope of employment, travel to and from that event is also deemed to be within the course and scope of employment.
Compensable? accident where a teacher injured while attending a workshop to acquire credits required by state law to maintain her teaching certification.
Jordan v. Pinellas County School Board, 680 So.2d 448 (Fla. 1st DCA 1996), noncompensable since she was not required to attend the course, was not receiving pay and the workshop was not held during regular business hours