Martinez v. D.L. Cullifer & Son, Inc.

ERVIN, Judge.

In these consolidated workers’ compensation appeals, appellants/claimants argue that the judge of compensation claims erred in holding that claimants were not entitled to compensation benefits on the ground that at the time of their injuries they were both engaged in an activity that constituted a substantial deviation from the course and scope of their employment. We agree with appellants’ position and reverse and remand.

On the evening of June 19, 1988, claimants, who were employed as fruit pickers, went to a grove to retrieve an empty fruit tub that had been left behind the…