Legal Opinion

Metropolitan Dade County, Self-Insured v. Nieves

District Court of Appeal of Florida

Decided October 21, 1983No. AR-9PublishedCited by 3 opinions

1Opinion of the Court

WIGGINTON, Judge.

The issue on appeal addresses the “police officer exception” to the going and coming rule. The county argues that the deputy commissioner erred in finding claimant’s injury to be compensable, as occurring in the course and scope of his employment. We affirm.

Police officer Nieves is employed by Metropolitan Dade County. On the morning of the accident, he left his home to proceed to work. He backed his van down the driveway to the edge of the street where he stopped to avoid hitting the newspaper delivery car. Deciding to save his wife some extra steps on a cold morning,…

2Cases cited3 opinions

  1. Sweat v. AllenSupreme Court of Florida · 1941
  2. Warg v. City of Miami SpringsSupreme Court of Florida · 1971
  3. Times Publishing Co. v. WaltersDistrict Court of Appeal of Florida · 1980

3Cited by3 opinions

  1. City of Fort Lauderdale v. AbramsDistrict Court of Appeal of Florida · 1990
  2. Metropolitan Dade County v. RudoffDistrict Court of Appeal of Florida · 1989
  3. Gilreath v. Charlotte County Board of County CommissionersDistrict Court of Appeal of Florida · 1992

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