The 2024 Florida Statutes
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. . . Allen’s injuries are compensable because he was “acting within the course of employment” under section 440.091 . . . In reviewing the statute’s language and caselaw on the topic, the JCC concluded that section 440.091( . . . Id. § 440.091(l)(a). . . . But extraordinary intervening events made the fact he was going to work irrelevant under section 440.091 . . . That Deputy Allen falls within the criteria for compensability in section 440.091(1) is not inconsistent . . .
. . . Rather, the issue, pursuant to the provisions of Section 440.091, is whether the officer is carrying . . . He was not in the process of carrying out any “primary responsibility” as delineated by Section 440.091 . . .
. . . Rather, the issue, pursuant to the provisions of Section 440.091, is whether the officer is carrying . . . He was not in the process of carrying out any “primary responsibility” as delineated by Section 440.091 . . .
. . . was allegedly not in the course and scope of his employment, or discharging his duties under section 440.091 . . .
. . . Appellant alleges that the judge of compensation claims (JCC) mistakenly applied section 440.091, Florida . . . Ginn, 570 So.2d 1059 (Fla. 1st DCA 1990), we held that pursuant to section 440.091, Florida Statutes, . . . We conclude, however, that section 440.091, Florida Statutes, does not apply to on-duty officers. . . . In Abrams, we determined that one of the purposes of section 440.091, Florida Statutes, was to abrogate . . . We determine here that section 440.091 is inapplicable to an officer who is on duty during his normal . . .
. . . As provided in section 440.091, Florida Statutes, a police officer who was discharging a primary law . . . Section 440.091 is often applied when an off-duty police officer is suddenly thrust into a situation . . . See § 440.091(2) Fla.Stat. . . . See § 440.091 Fla.Stat. (1997). . . .
. . . defined in s. 943.10(1), (2), or (3), who, while acting within the course of employment as provided by s. 440.091 . . .
. . . within the course and scope of his employment at the time of the injury but also in relying on section 440.091 . . . Section 440.091 creates an exception to the deviation rule for law enforcement officers such that officers . . . employer had no agreement providing for workers’ compensation coverage for that private employment. § 440.091 . . .
. . . .” § 440.091, Fla. Stat. (1991). . . . The JCC in Han-stein concluded that section 440.091 precluded workers’ compensation coverage, because . . . affirmative action ... for the officer to be within the course of his employment as delineated in section 440.091 . . .
. . . We reject the E/C’s contention that section 440.091, Florida Statutes, requires affirmance. . . .
. . . Section 440.091, Florida Statutes, specifically delineates the circumstances under which law enforcement . . . That section provides, in pertinent part, as follows: 440.091 Law enforcement officer; when acting within . . . Rather, the issue, pursuant to the provisions of Section 440.091, is whether the officer is carrying . . . accident, we held that the accident had not occurred within the course of her employment under Section 440.091 . . . was not then in the process of carrying out any “primary responsibility,” as delineated by Section 440.091 . . .
. . . But the judge erroneously construed section 440.091, Florida Statutes, as precluding coverage in the . . . In 1982 the legislature adopted section 440.091, Florida Statutes, which specifies when law enforcement . . . discharging her “primary responsibility” and was thus not entitled to compensation since under section 440.091 . . . action in this regard for the officer to be within the course of his employment as delineated in section 440.091 . . .
. . . accident did not arise out of and in the course and scope of claimant’s employment as defined in section 440.091 . . . Without elaboration, the judge of compensation claims (judge) found section 440.091, Florida Statutes . . . The passage of section 440.091 in 1982 (Chapter 82-146, Laws of Florida (1982)) abrogated the rule of . . . Accordingly, the accident did not occur within the course of employment under section 440.091, and the . . .
. . . See, e.g., §§ 175.021, 185.01, 321.15, 440.091, Fla.Stat. (1987). . . .
. . . Section 440.091, Florida Statutes (1985), provides that an injured law enforcement officer “shall be . . . Under those circumstances, section 440.091 provides that he should be deemed to have been acting within . . . Under these circumstances, section 440.091 provides that he should not be deemed to have been acting . . .