World Press

Levy County Sheriff’s Office V. Allen Update

November 4th, 2014

In Levy Cnty. Sheriff’s Off. v. Allen, 1D13-5020 (Fla. 1st DCA 2014), the First DCA affirmed JCC order of compensability where deputy claimant observed a traffic hazard while driving to work.  Claimant provided security at the county courthouse.  Claimant drove his personal vehicle to work, but wore his uniform and badge.  On the way to work, claimant saw a stopped truck jutting into the road.  The sheriff office has a policy requiring off-duty officers to resolve traffic hazards they encounter.  Claimant intended to stop and help.  Claimant struck the truck before he did anything.  The accident was compensable under Section 440.091(1) because claimant was responsible for enforcing traffic laws when he observed the traffic hazard and decided to stop.  Section 440.091(1) is an additional exception to the going and coming rule of Section 440.092.

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