Whitehead v. Orange County Sheriff's Department

I am compelled to dissent; the claimant was not “on-call,” as described in the majority opinion, but on paid duty and doing her duty while participating in a softball game fully sanctioned by her employer at the time of the accident. These are not circumstances that justify the JCC’s denial of benefits to claimant under section 440.092(1).

Claimant is a deputy sheriff and reported for duty on the day of the injury fully prepared to work for hourly wages from noon until 10:00 p.m. Prior to the softball game, Claimant received a series of emails advising her, in essence, that two sections of the…