Legal Opinion

Stewart v. Lakeland Funeral Home

District Court of Appeal of Florida

Decided May 1, 2012No. 1D11-1982Published

1Opinion of the CourtMarstiller, J.

James Harold Stewart (“Claimant”) appeals a final order of the Judge of Compensation Claims (“JCC”) denying com-pensability of injuries he sustained in a motorcycle accident while driving from his residence to work. Because section 440.092(2), Florida Statutes (2009), provides that an injury suffered while going to or coming from work does not arise out of or occur in the course of employment, and because neither the special errand nor dual purpose exceptions apply, the JCC correctly denied Claimant’s petition for benefits. We therefore affirm.

Claimant is a funeral director whose regular job…

2Cases cited2 opinions

  1. Swartz v. McDonald's Corp.Supreme Court of Florida · 2001
  2. Alvarez v. Sem-Chi Rice Products Corp.District Court of Appeal of Florida · 2003

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