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New Dade Apparel, Inc. v. De Lorenzo

Citations: 512 So. 2d 1016; 12 Fla. L. Weekly 2097; 1987 Fla. App. LEXIS 10082Docket: No. BO-280

Court: District Court of Appeal of Florida; August 31, 1987; Florida; State Appellate Court

Narrative Opinion Summary

In this workers' compensation case, the appellants, representing the employer and insurance carrier, contested a decision declaring the appellee's accident compensable. The central issue revolved around the applicability of the going and coming rule and its exceptions. The appellee, a long-term employee, was directed by his employer to return from a vacation for a specific work task. After fulfilling his work duties, he left for a prearranged doctor’s appointment with his employer’s consent, during which he sustained injuries on his return. The deputy commissioner found the incident compensable under the special errand exception to the going and coming rule, as the trip was initiated at the employer's special request. The court affirmed this decision, emphasizing the irregularity and urgency of the employer's request, which justified the special errand classification. The ruling also referenced the employer-furnished transportation exception, acknowledging the employer's approval of the personal errand. Consequently, the court upheld the deputy commissioner's order, confirming the compensability of the appellee's injuries under these established exceptions.

Legal Issues Addressed

Compensability under the Going and Coming Rule

Application: The court found that the appellee's accident was compensable because it occurred while he was returning from a doctor’s appointment, which was an agreed interruption of his workday under the special errand exception.

Reasoning: The injury occurred as he returned to work, which fell under the special errand exception to the going and coming rule.

Employer-Furnished Transportation Exception

Application: The court noted the relevance of the employer-furnished transportation exception, which supported the compensability of the injury despite the personal nature of the doctor's appointment.

Reasoning: The deputy commissioner ruled in favor of appellee, citing the employer-furnished transportation exception and the employer’s acquiescence to the personal errand.

Special Errand Exception

Application: The special errand exception was applied as the appellee was responding to an employer's request to report to work during a planned vacation, creating a special errand situation.

Reasoning: The application of the special errand rule hinges on the irregularity and suddenness of an employer's request.