Whitehead v. Orange County Sheriff's Department

Claimant appeals the order of the Judge of Compensation Claims (JCC), which held Claimant’s broken wrist, sustained when playing softball with her supervisor and co-workers while she was “on-call,” was not compensable. We affirm.

Section 440.092(1), Florida Statutes (2003), provides that “[rjecreational or social activities are not compensable unless such [ ] activities are an expressly required incident of employment and produce a substantial direct benefit to the employer beyond improvement in employee health and morale that is common to all kinds of recreation and social life.” Id. Unless…