Legal Opinion

Urbina v. Kindred Hospital-North Florida

District Court of Appeal of Florida

Decided December 17, 2012No. 1D12-1477Published

1Opinion of the CourtThomas, J.

In this workers’ compensation appeal, Claimant argues that the Judge of Compensation Claims (JCC) erred in holding that Claimant’s accident did not arise out of his employment when Claimant’s van struck a utility pole while performing an errand for the Employer. We reverse, because under our recent holding in Caputo v. ABC Fine Wine & Spirits, 98 So.3d 1097 (Fla. 1st DCA 2012), the JCC erred in ruling that Claimant’s accident and resulting injuries did not arise out of his employment.

Background

The relevant facts are not in dispute. Claimant was asked by his Employer to drive Claimant’s van to…

2Cases cited5 opinions

  1. Medeiros v. RESIDENTIAL COMMUN. OF AMERICADistrict Court of Appeal of Florida · 1986
  2. Lanham v. DEPT. OF ENVIRONMENTAL PROTECTIONDistrict Court of Appeal of Florida · 2004
  3. Mississippi Gulf Properties, LLC v. Eagle Mechanical, Inc.Court of Appeals of Mississippi · 2012
  4. Deturk v. Charlotte County Board of County CommissionersDistrict Court of Appeal of Florida · 1994
  5. Longo v. Associated LimoDistrict Court of Appeal of Florida · 2004

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