HARDAWAY CONSTRUCTION COMPANY AND UNDERWRITERS ADJUSTING COMPANY, APPELLANTS,
v.
LINDA BROOKS, INDIVIDUALLY AND AS NATURAL GUARDIAN OF JEFFREY RYAN BROOKS AND LAURA RENEE BROOKS, APPELLEE
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The court held that the murder of an employee arose out of and in the course of employment for workers' compensation purposes.
The employee traveled for an audit, was murdered in his motel room, and the employer/carrier appealed the award of death benefits. The evidence sugges…
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MILLS, Judge.
The employer/carrier appeal a workers’ compensation order awarding death benefits following the murder of John R. Brooks, the husband and father of the appellees. We affirm.
The deceased traveled from his Columbus, Georgia, home to Tampa to conduct an audit for his employer. The employer paid all traveling expenses, including room and meals. He worked one day and made arrangements to return the next day. On the evening of the first day, following a side trip to a dog track, he returned to his motel room. He was found shot to death the next morning in a secluded area of Polk County.
A motel is a traveling employee’s place of employment. It is a reasonable factual determination that the crime began at the motel room. We will not disturb this finding by the deputy commissioner. The evidence of a causal connection in this case is slight. However, bearing in mind that the Workers’ Compensation Act is liberally construed in favor of claimants, the burden of showing a nonemployment cause is upon the employer/carrier when the “accident” occurs at the place of employment. We note that there was evidence of other violent crimes connected with the audited company and there was a perceived need for bodyguards by the replacement auditor. There was no error in the finding that Brooks' murder arose out of and in the course of employment.
McCORD and WENTWORTH, JJ., concur.
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Gray v. E. Airlines, Inc., 475 So. 2d 1288 (Fla. 1st DCA 1985)…eparture for a nonessential personal errand.” N & L Auto Parts v. Doman, 111 So. 2d 270, 271 (Fla. 1st DCA 1959).1 An employee’s motel during such travel status has also been deemed to be his place of employment. Hardaway Construction Co. v. Brooks, 416 So. 2d 837 (Fla. 1st DCA 1982). A foreseeable, nonprohibited, off-premises refreshment break has not been considered to be a deviation removing a claimant from the course and scope of employment. Holly Hill Fruit Products Inc. v. Krider, 473 So. 2d 829 (Fla. 1…
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Leonard v. Dennis, 465 So. 2d 538 (Fla. 2d DCA 1985)…d that Dennis’ trip to the restaurant was within the course [*542] of employment, it seems logical to conclude that his injuries caused by the automobile accident were also causally related to his employment. Cf. Hardaway Construction Co. v. Brooks, 416 So. 2d 837 (Fla. 1st DCA 1982) (murder of traveling employee in his motel room arose out of employment). Inasmuch as Dennis’ injuries arose out of and in the course of his employment, he was entitled to workers’ compensation coverage. As a consequence, his co…
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Fla. Structures, Inc. v. Hallie A. Morton, 443 So. 2d 444 (Fla. 1st DCA 1984)…nstruction of such statutes in favor of claimants and compensation. See Sam Rogers Enterprises v. Williams, 401 So. 2d 1388 (Fla. 1st DCA 1981); Topeka Inn Management v. Pate, 414 So. 2d 1184 (Fla. 1st DCA 1982); Hardaway Construction Co. v. Brooks, 416 So. 2d 837 (Fla. 1st DCA 1982). In our construction of Chapter 440, we are generally guided by the “most favorable remedy” doctrine, which requires that “ ‘where the Act is susceptible of disparate interpretations, the court will adopt the construction which i…
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