Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 440.092 | Lawyer Caselaw & Research
F.S. 440.092 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 440.092

The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR
Chapter 440
WORKERS' COMPENSATION
View Entire Chapter
F.S. 440.092
440.092 Special requirements for compensability; deviation from employment; subsequent intervening accidents.
(1) RECREATIONAL AND SOCIAL ACTIVITIES.Recreational or social activities are not compensable unless such recreational or social activities are an expressly required incident of employment and produce a substantial direct benefit to the employer beyond improvement in employee health and morale that is common to all kinds of recreation and social life.
(2) GOING OR COMING.An injury suffered while going to or coming from work is not an injury arising out of and in the course of employment whether or not the employer provided transportation if such means of transportation was available for the exclusive personal use by the employee, unless the employee was engaged in a special errand or mission for the employer. For the purposes of this subsection and not withstanding any other provisions of law to the contrary, an injury to a law enforcement officer as defined in s. 943.10(1), during the officer’s work period or while going to or coming from work in an official law enforcement vehicle, shall be presumed to be an injury arising out of and in the course of employment unless the injury occurred during a distinct deviation for a nonessential personal errand. If, however, the employer’s policy or the collective bargaining agreement that applies to the officer permits such deviations for nonessential errands, the injury shall be presumed to arise out of and in the course of employment.
(3) DEVIATION FROM EMPLOYMENT.An employee who is injured while deviating from the course of employment, including leaving the employer’s premises, is not eligible for benefits unless such deviation is expressly approved by the employer, or unless such deviation or act is in response to an emergency and designed to save life or property.
(4) TRAVELING EMPLOYEES.An employee who is required to travel in connection with his or her employment who suffers an injury while in travel status shall be eligible for benefits under this chapter only if the injury arises out of and in the course of employment while he or she is actively engaged in the duties of employment. This subsection applies to travel necessarily incident to performance of the employee’s job responsibility but does not include travel to and from work as provided in subsection (2).
(5) SUBSEQUENT INTERVENING ACCIDENTS.Injuries caused by a subsequent intervening accident arising from an outside agency which are the direct and natural consequence of the original injury are not compensable unless suffered while traveling to or from a health care provider for the purpose of receiving remedial treatment for the compensable injury.
History.s. 14, ch. 90-201; s. 10, ch. 91-1; s. 6, ch. 93-415; s. 103, ch. 97-103; s. 1, ch. 2001-168.

F.S. 440.092 on Google Scholar

F.S. 440.092 on Casetext

Amendments to 440.092


Arrestable Offenses / Crimes under Fla. Stat. 440.092
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.092.



Annotations, Discussions, Cases:

Cases from cite.case.law:

DAVIS, v. PALM BEACH COUNTY SHERIFF S OFFICE USIS,, 196 So. 3d 543 (Fla. Dist. Ct. App. 2016)

. . . Statutes (2012), to his subsequent intervening accident for which he sought coverage under subsection 440.092 . . . receiving remedial treatment at the time of his motor vehicle accident pursuant to Florida Statutes 440.092 . . . The JCC erred, however, in then reading subsections 440.092(2), (3), (4), and (5) to “require an injury . . . Subsections 440.092(2), (3), and (4) do involve circumstances where the injury “arises out of’ work-related . . . Because subsection 440.092(5) is silent on any reporting requirement, we must look to section 440.19, . . .

EVANS, v. HOLLAND KNIGHT, 194 So. 3d 551 (Fla. Dist. Ct. App. 2016)

. . . Subsection 440.092(2), Florida Statutes (2014), provides that “[a]n injury suffered while going to or . . .

LEVY COUNTY SHERIFF S OFFICE v. ALLEN,, 140 So. 3d 1150 (Fla. Dist. Ct. App. 2014)

. . . 440.091(1), Florida Statutes, or non-compensable because he was “going to or coming from” work under 440.092 . . . by the employee, unless the employee was engaged in a special errand or mission for the employer.” § 440.092 . . . The employer/carrier argued that that section 440.092(2) applies because it is an exception to and more . . . Stated differently, it views section 440.092(2) as precluding a finding of compensability if an officer . . . suffers an injury while going to or coming from work, the only two exceptions being those in 440.092 . . .

URBINA, v. KINDRED HOSPITAL- NORTH FLORIDA CMS,, 103 So. 3d 244 (Fla. Dist. Ct. App. 2012)

. . . In addition, section 440.092(4), Florida Statutes (2010), provides: “An employee that is required to . . .

STEWART, v. LAKELAND FUNERAL HOME, 86 So. 3d 1205 (Fla. Dist. Ct. App. 2012)

. . . Because section 440.092(2), Florida Statutes (2009), provides that an injury suffered while going to . . . Codifying what is commonly known as the “going and coming” rule, section 440.092(2) provides: An injury . . . Because Claimant was simply going to work — travel deemed personal by section 440.092(2) — there was . . . The JCC correctly ruled, pursuant to section 440.092(2), that Claimant’s injuries are not compensable . . .

JONES, v. LATEX CONSTRUCTION COMPANY,, 460 F. App'x 842 (11th Cir. 2012)

. . . . § 440.092(2) (“[a]n injury suffered while going to or coming from work is not an injury arising out . . .

E. ADAMS, II, v. MITCHELL G. HANCOCK, INC., 74 So. 3d 1113 (Fla. Dist. Ct. App. 2011)

. . . We agree that the “going and coming” provision of section 440.092(2), Florida Statutes (2009), operated . . .

SENTRY INSURANCE COMPANY v. HAMLIN,, 69 So. 3d 1065 (Fla. Dist. Ct. App. 2011)

. . . injuries sustained as a result of an emergency designed to save property are compensable under section 440.092 . . . coachman rule, asking this Court to construe his actions as an emergency undertaking covered under section 440.092 . . . holding was that the ownership of the property was not the determinative factor in deciding when section 440.092 . . . the action, then the statute deems the injury would “arise from work performed” because of section 440.092 . . .

HOUCK, v. TARRAGON MANAGEMENT, INC. AIG, 4 So. 3d 73 (Fla. Dist. Ct. App. 2009)

. . . entitled to these benefits because she did not qualify as a “traveling employee” as provided in section 440.092 . . . employment at the time of the accident, and therefore was not a traveling employee pursuant to section 440.092 . . . Traveling Employees Section .440.092(4), Florida Statutes, concerns traveling employees and, in relevant . . .

KRAMER, v. PALM BEACH COUNTY, 978 So. 2d 836 (Fla. Dist. Ct. App. 2008)

. . . The JCC found that Claimant’s injury fell within the “going or coming” rule set forth in section 440.092 . . .

CITY OF MIAMI, v. GUTIERREZ,, 979 So. 2d 1028 (Fla. Dist. Ct. App. 2008)

. . . . § 440.092(1), Fla. Stat. (2003); Whitehead v. . . .

D. WILCOX, v. AG MART PRODUCE d b a St., 942 So. 2d 959 (Fla. Dist. Ct. App. 2006)

. . . of Compensation Claims (JCC) denied benefits to claimant based on the going and coming rule, section 440.092 . . . for the following reasons: (1) the traveling employee exception to the going and coming rule, section 440.092 . . . own vehicle to or from work, therefore recovery of workers’ compensation benefits is barred by F.S. 440.092 . . . ANALYSIS Claimant’s first argument is that the traveling employee exception, section 440.092(4), should . . . Section 440.092(2), Florida Statutes (2005), provides: An injury suffered while going to or coming from . . .

DEUTSCH, v. HERITAGE AUTOMOTIVE ENTERPRISES,, 939 So. 2d 259 (Fla. Dist. Ct. App. 2006)

. . . Section 440.092(3), Florida Statutes (2003), provides that an employee who is injured while deviating . . . However, there is nothing in Gonzalez or in the language of section 440.092(3), Florida Statutes, to . . . Nothing in section 440.092(3), Florida Statutes (2003), precludes Claimant from receiving benefits simply . . .

WHITEHEAD, v. ORANGE COUNTY SHERIFF S DEPARTMENT AIG, 909 So. 2d 344 (Fla. Dist. Ct. App. 2005)

. . . These are not circumstances that justify the JCC’s denial of benefits to claimant under section 440.092 . . . It seems to me section 440.092(1) does not apply to an employee who is on duty and receiving wages in . . . In other words, the activity should not be, and cannot be, “recreation” under section 440.092(1). . . . I believe such a course comports with existing precedent and section 440.092(1). . . . To hold otherwise creates a “save me from myself’ defense to a claim under section 440.092(1). . . . Section 440.092(1), Florida Statutes (2003), provides that “[rjecreational or social activities are not . . .

IMC PHOSPHATES CO. Co. v. PRATER,, 895 So. 2d 1263 (Fla. Dist. Ct. App. 2005)

. . . appeal a final order of the Judge of Compensation Claims (JCC) finding compensable, pursuant to section 440.092 . . . C’s second issue relates to the JCC’s finding Appellee’s second accident compen-sable under section 440.092 . . . Section 440.092(5) was enacted in 1990 and re-enacted in 1991. . . . Section 440.092(5) does not define “remedial treatment.” . . . present record supports the JCC’s conclusion that Appellee’s injuries are compensable under section 440.092 . . .

ALVAREZ, v. SEM- CHI RICE PRODUCTS CORP. RSKCO., 861 So. 2d 513 (Fla. Dist. Ct. App. 2003)

. . . The principle is commonly known as the “going and coming rule” and is codified in section 440.092(2), . . . However, section 440.092(3) Florida Statutes (1999), provides: An employee who is injured while deviating . . .

RAMIREZ, v. W. S. FARISH, Jr. d b a s, 855 So. 2d 1182 (Fla. Dist. Ct. App. 2003)

. . . .” § 440.092(4), Fla. Stat. (2002). . . . Codifying the going and coming rule, section 440.092(2), Florida Statutes (2002), provides: “An injury . . .

RODRIGUEZ, v. TRI- STATE CARRIERS, INC., 792 So. 2d 1253 (Fla. Dist. Ct. App. 2001)

. . . Moore, 143 Fla. 103, 196 So. 495, 496 (1940); see also § 440.092(3), Fla. . . . by the employee, unless the employee was engaged in a special errand or mission for the employer. § 440.092 . . . Rodriguez “engaged in a special errand or mission for the employer,” § 440.092(2), Fla. . . .

DUNLEVY, v. SEMINOLE COUNTY DEPARTMENT OF PUBLIC SAFETY, 792 So. 2d 592 (Fla. Dist. Ct. App. 2001)

. . . compensability was barred by horseplay and that claimant deviated from his employment under section 440.092 . . .

GILBERT, v. PUBLIX SUPERMARKETS, INC., 790 So. 2d 1057 (Fla. 2001)

. . . The “going and coming” rule, as codified in section 440.092(2), Florida Statutes (Supp.1994), provides . . . Section 440.092(2) provides: An injury suffered while going to or coming from work is not an injury arising . . . by the employee, unless the employee was engaged in a special errand or mission for the employer. § 440.092 . . .

SWARTZ, v. McDONALD S CORPORATION,, 788 So. 2d 937 (Fla. 2001)

. . . with the well-reasoned opinion of the majority on the First District and the application of section 440.092 . . . Woodville Lumber Co., 382 So.2d 802, 803 (Fla. 1st DCA 1980); § 440.092(2), Fla. Stat. (1995). . . . This rule governing compensability of workers’ compensation claims is codified in section 440.092(2), . . . Because the term “dual purpose doctrine” does not appear in section 440.092, the respondents question . . . See § 440.092(2), Fla. Stat. (1995). . . . See § 440.092(4), Fla. Stat. (1995). . Swartz contends that Advanced Diagnostics v. . . .

McCORMICK, v. STATE AUDITOR GENERAL DIVISION OF RISK MANAGEMENT,, 772 So. 2d 612 (Fla. Dist. Ct. App. 2000)

. . . Frist, the case involves section 440.092(2), Florida Statutes (1997), the codification of the going and . . . Also involved is the codification of the traveling employee’s rule, found in section 440.092(4), Florida . . . Section 440.092(4) applies to this case because claimant was regularly required to travel to audit sites . . .

CANFIELD, v. G. WEAVER, M. D., 768 So. 2d 1205 (Fla. Dist. Ct. App. 2000)

. . . We conclude that the judge misapplied the going and coming rule as codified in section 440.092(2), Florida . . . In denying the claim the judge relied on section 440.092(2), which generally indicates . that an injury . . .

FLORIDA HOSPITAL, v. GARABEDIAN,, 765 So. 2d 987 (Fla. Dist. Ct. App. 2000)

. . . The going-and-coming rule, previously recognized in case law, has been codified in section 440.092(2) . . . Another provision of the statute pertinent to this case is found in section 440.092(4), Florida Statutes . . .

C. KLYSE, Jr. v. CITY OF LARGO FCCI, 765 So. 2d 270 (Fla. Dist. Ct. App. 2000)

. . . The employer/carrier also defended under the coming and going rule set forth in section 440.092, Florida . . .

SWARTZ, v. McDONALD S CORPORATION, 726 So. 2d 783 (Fla. Dist. Ct. App. 1998)

. . . while they are going to and coming from work, Ch. 93-415, Laws of Fla., § 6, at 78 (amending section 440.092 . . . Although section 440.092(2), Florida Statutes (1995), states broadly that an “injury suffered while going . . . benefits on the ground that her claim was barred by the operation of the going and coming rule, section 440.092 . . . The going and coming rule has been codified in section 440.092(2), Florida Statutes (1995), as follows . . .

GULBRANDSEN v. CARLTON WILBERT VAULT, INC. FCCI Co. FEISCO, 742 So. 2d 294 (Fla. Dist. Ct. App. 1998)

. . . as a matter of law, have had “exclusive personal use,” as contemplated by Florida Statutes section 440.092 . . . Under section 440.092(2), Florida Statutes (1990), it is a question of fact whether the employee has . . . Section 440.092(2), Florida Statutes (1990), provides as follows: GOING OR COMING. — An injury suffered . . .

MADDEN, v. WALT DISNEY WORLD COMPANY, 711 So. 2d 150 (Fla. Dist. Ct. App. 1998)

. . . See § 440.092(1), Fla. Stat. (1991); Highlands County School Board v. . . .

EVANS, v. HANDI- MAN TEMPORARY SERVICES RISCORP,, 710 So. 2d 132 (Fla. Dist. Ct. App. 1998)

. . . .” § 440.092(4), Fla. Stat. (1995). . . . such travel is “travel necessarily incident to performance of the employee’s job responsibility.” § 440.092 . . . The going and coming rule, codified in section 440.092(2) Florida Statutes (1995), does not apply in . . . is engaged in “travel necessarily incident to performance of the employee’s job responsibility.” § 440.092 . . .

W. SCHOENFELDER, v. WINN JORGENSEN, P. A., 704 So. 2d 136 (Fla. Dist. Ct. App. 1997)

. . . Codified at section 440.092(2), Florida Statutes (1995). . . .

L. CHIANG, M. D. v. WILDCAT GROVES, INC. PCA f k a, 703 So. 2d 1083 (Fla. Dist. Ct. App. 1997)

. . . They claimed, therefore, that based on section 440.092 Kitschke’s injuries were not suffered during the . . . Section 440.092(2), styled "Going or Coming,” provides that "[a]n injury suffered while going to or coming . . .

AMERICAN AIRLINES v. LeFEVERS,, 674 So. 2d 940 (Fla. Dist. Ct. App. 1996)

. . . The JCC determined that the claimant’s accident was compensable under section 440.092(4), Florida Statutes . . . not abrogate the personal comfort doctrine or the bunkhouse rule in the 1994 amendments to section 440.092 . . . determination that the claimant was actively engaged in the duties of her employment under section 440.092 . . . Chapter 93-415, Laws of Florida, effective January 1,1994, provides: 440.092 Special requirements for . . . We hold that, under the express language of the 1994 amendments to section 440.092(4), the legislature . . .

BUNNAM, v. OLSTEN QUALITY CARE, 667 So. 2d 948 (Fla. Dist. Ct. App. 1996)

. . . order denying com-pensability based upon application of the “going or coming” rule contained in section 440.092 . . . the Judge of Compensation Claims (JCC), in denying compensability, did not properly construe section 440.092 . . . Appellee, in contrast, urges that section 440.092(4) be read to be consistent with section 440.092(2) . . . made consistent with those set forth in Section 440.092(2). . . . Section 440.092(4), Florida Statutes (1994 Supp.) (Emphasis supplied). . . .

T. LEVINE, v. BREVARD COUNTY SHERIFF S DEPARTMENT, 658 So. 2d 1044 (Fla. Dist. Ct. App. 1995)

. . . .” § 440.092(2), Fla.Stat. (1991). . . .

HAGES, v. HUGHES ELECTRICAL SERVICE, INC. Co., 654 So. 2d 1280 (Fla. Dist. Ct. App. 1995)

. . . We conclude that the judge improperly applied section 440.092(2), Florida Statutes (1991), and reverse . . . after work, he had not demonstrated an exception to the “going and coming” rule set forth in section 440.092 . . .

BAYFRONT MEDICAL CENTER v. HARDING,, 653 So. 2d 1140 (Fla. Dist. Ct. App. 1995)

. . . The E/SA defended on the basis of section 440.092(3), Florida Statutes (1991), asserting that the accident . . . applying the personal comfort doctrine, and ruled that the doctrine had not been abrogated by section 440.092 . . . /SA contend, however, that the personal comfort doctrine has been effectively eliminated by section 440.092 . . . place condoned by the employer, was not a deviation from his work within the contemplation of section 440.092 . . .

JEAN FLUET, INC. v. HARRISON,, 652 So. 2d 1209 (Fla. Dist. Ct. App. 1995)

. . . The E/C, by a footnote in their brief, argue the applicability of section 440.092(3), Florida Statutes . . .

PUBLIX SUPERMARKETS v. FINOCCHI,, 650 So. 2d 1122 (Fla. Dist. Ct. App. 1995)

. . . We conclude that the judge properly applied section 440.092, Florida Statutes (1991), and the special . . . See also § 440.092(2), Fla.Stat. (1991). . . . support the factual findings upon which compensability was established, in accordance with section 440.092 . . .

MARMUREK, v. SUNDOWN VITAMINS, 650 So. 2d 112 (Fla. Dist. Ct. App. 1995)

. . . However, given the facts of this ease, he erred when he based his decision upon only section 440.092( . . . 4), without reference to section 440.092(3), which reads: (3) DEVIATION PROM EMPLOYMENT. — An employee . . . As we read section 440.092, it was the legislature’s intent that, in factual circumstances such as those . . . and other activities reasonably required by the travel status” be determined by reference to section 440.092 . . . , with directions that the judge of compensation claims make additional findings, regarding section 440.092 . . .

U- HAUL OF SOUTH FLORIDA v. MARCH,, 645 So. 2d 581 (Fla. Dist. Ct. App. 1994)

. . . The E/C contends the shoulder injury is not compen-sable under section 440.092(5), Florida Statutes ( . . .

ELECTRONIC SERVICE CLINIC v. BARNARD,, 634 So. 2d 707 (Fla. Dist. Ct. App. 1994)

. . . . § 440.092(2), Fla.Stat. (1991) (emphasis added). . . .

SECUREX, INC. v. COUTO, Jr., 627 So. 2d 595 (Fla. Dist. Ct. App. 1993)

. . . coming and going rule, the exception no longer applies because of a newly enacted statute, section 440.092 . . . This case presents a question of first impression regarding the extent to which section 440.092(2) has . . .

KASH- N- KARRY v. JOHNSON,, 617 So. 2d 791 (Fla. Dist. Ct. App. 1993)

. . . Likewise, appellant’s contention that section 440.092(2), Florida Statutes (Supp.1990), abolished the . . . Section 440.092, Florida Statutes (Supp.1990) provides in pertinent part: 440.092 Special requirements . . .

HIGHLANDS COUNTY SCHOOL BOARD v. SAVAGE,, 609 So. 2d 133 (Fla. Dist. Ct. App. 1992)

. . . game was a result of an incident of her employment and, therefore, compensable pursuant to section 440.092 . . . cover the injury sustained in the faculty basketball game was denied by the E/C pursuant to section 440.092 . . . Section 440.092(1) was created in 1990 and was in effect on December 21, 1990, the date of the claimant . . .

D. L. CULLIFER AND SON, INC. v. MARTINEZ,, 572 So. 2d 1360 (Fla. 1990)

. . . furthered by the enactment of chapter 90-201, section 14, Laws of Florida (to be codified at section 440.092 . . .