SPARTAN FOOD SYSTEMS & SUBSIDIARIES AND SEIBELS, BRUCE GROUP, APPELLANTS,
v.
TERRY M. HOPKINS, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the employee's injury sustained while traveling to work after deviating for an employer-requested errand was compensable under the special errand exception to the going and coming rule.
[1] An employee's injury sustained while traveling to work is compensable under the special errand exception to the going and coming rule when the employee deviates from thei…
[2] A single prior instance of an employee performing a similar errand for the employer does not negate the suddenness and irregularity of a subsequent, similar task for purp…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceClaimant was injured in a vehicular accident while en route to work after deviating from her normal route to pick up beverage cups for her employer as…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Special Errand Exception cases and more on FLexlaw
WENTWORTH, Judge.
Employer/carrier seek review of a June 22, 1987 workers’ compensation order by which claimant was found to have sustained a compensable injury and awarded temporary disability and medical benefits. Appellant contends the deputy erred in applying the special errand exception to the going and coming rule. We affirm.
Claimant sustained injuries when she was involved in a vehicular accident while traveling to work at a Hardee’s restaurant owned by the employer in Pensacola. Claimant was assigned to this restaurant with a reporting time of 8 a.m., and on the day of the accident had received a telephone call from her supervisor asking her to stop at a Hardee’s in Milton to obtain extra beverage cups which she could bring with her when she arrived at work. Claimant left home approximately 35 minutes earlier than usual, and the trip to Milton required claimant to deviate from her usual route to work. She traveled to Milton and obtained the cups as requested, thereafter returning to her normal route which she usually travels to work, when her vehicle was rear-ended while she was stopped in traffic on the interstate highway.
Claimant testified that her trip to Milton involved a total of approximately 10 miles and 20 minutes extra time. Claimant was not compensated for this trip and does not receive any mileage reimbursement. She stated that in the two years during which she has worked for the employer she has made approximately 15 unreimbursed trips for various errands, and that about three weeks before the date of her accident she had traveled to the Hardee’s in Milton to obtain an extra coffee pot on the way to work.
The deputy commissioner entered an order finding that at the time of her injury claimant was on a special errand for her employer and covered under the workers’ compensation law “from portal to portal.” The deputy determined that claimant sustained a compensable injury and awarded temporary disability and medical benefits.
Where an employee is merely performing ordinary employment duties which are occasionally required, the special errand doctrine is not always applicable. See Susan Loverings Figure Saloon v. McRorie, 498 So. 2d 1033 (Fla. 1st DCA 1986).
Appellant argues that the special errand doctrine should not apply in the present case because claimant had previously, on one occasion, made a similar trip to benefit the employer.
However, one prior instance does not negate the suddenness and irregularity of the task in the present case. Eady v. Medical Personnel Pool, 377 So. 2d 693 (Fla.1979). Claimant testified that she was awakened by the employer's call, that she left her home earlier than usual to perform the task, and that the trip necessitated a deviation of approximately 10 miles from her usual route. Bruch v. Glen Johnson, Inc., 418 So. 2d 1209 (Fla. 1st DCA 1982), involved an application of the special errand doctrine in similar circumstances, where an injury occurred while an employee was traveling to work after a 10 mile deviation from his usual route in order to obtain supplies which his supervisor had requested.
Compensation has been denied upon a determination that the special errand had ceased when an employee was injured after resuming his normal route home subsequent to stopping in compliance with his employer’s request to obtain supplies for the next day’s work. See El Viejo Arco Iris Inc. v. Luaces, 395 So. 2d 225 (Fla. 1st DCA 1981).
The Luaces ruling should not be extended to the circumstances of the present case, as the court there indicated that the employee was injured on a regular and frequent journey, she was not subject to a sudden call by the employer, and the burden of picking up the materials was minor when viewed in the context of the employee’s usual route home. The present case involves dissimilar circumstances, as the employer’s sudden call necessitated that claimant travel an unusual route in order to bring the supplies to work, thus increasing the burden and more closely paralleling the facts in Bruch, supra.
Although claimant had returned to her usual route to work at the time of her accident, this circumstance does not negate the errand for her employer. When a trip is made for both a business and a personal motive, it is deemed to be an employment activity for workers’ compensation purposes. See Nikko Gold Coast Cruises v. Gulliford, 448 So. 2d 1002 (Fla.1984); Krause v. West Lumber Co., 227 So. 2d 486 (Fla.1969).
These cases indicate that no inquiry is made as to the relative importance of either the business or personal motive beyond a determination that the business purpose would have required a trip even had the private purpose not existed. See also Larson, The Law of Workmen’s Compensation, sections 18.12 and 18.21. In the present case claimant’s supervisor testified that it was essential that the extra cups be obtained for the morning shift, and that if claimant had not performed this task someone else would have had to be dispatched for the supplies. Claimant’s special errand thus remained a concurrent cause of her trip even after she resumed her normal route to work, so as to render the journey an activity within the course of her employment excepted from the going and coming rule in accordance with Gulliford.
Affirmed.
ZEHMER and BARFIELD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Tessan Swartz v. McDONALD'S Corp., 788 So. 2d 937 (Fla. 2001)…dependent basis for finding an injury compensable under the workers’ compensation laws, several cases applying this exception have also used this exception when referring to the dual purpose doctrine. For example, in Spartan Food Systems v. Hopkins, 525 So. 2d 987 (Fla. 1st DCA 1988), the court concluded that the special errand exception applied to an employee who received a sudden call requiring her to pick up supplies and was injured after she resumed her normal route to work. In determining whether to appl…
-
Tampa Airport Hilton Hotel & Travelers Ins. Co. v. Veulah Hawkins, 557 So. 2d 953 (Fla. 1st DCA 1990)…ot revealed any Florida authority that is factually on point. The Claimant relies on Krause v. West Lumber Co., 227 So. 2d 486 (Fla.1969); Eady v. Medical Personnel Pool, 377 So. 2d 693 (Fla.1979); and Spartan Food Systems & Subsidiaries v. Hopkins, 525 So. 2d 987 (Fla. 1 DCA 1988). The Employer/Carrier relies on El Viejo Arco Iris, Inc. v. Luaces, 395 So. 2d 225 (Fla. 1 DCA 1981) and Tampa Ship Repair and Dry Dock v. Young, 421 So. 2d 706 (Fla. 1 DCA 1982). While none of these cases are factually on point,…
-
D.C. Moore & Sons & Nationwide Mut. Ins. Co. v. Wadkins, 568 So. 2d 998 (Fla. 1st DCA 1990)…al errand” exists when the employer calls the employee at home, and instructs him to deviate from his normal route into work to pick up an item needed for the purposes of employment that day. See e.g.: Spartan Food Systems & Subsidiaries v. Hopkins, 525 So. 2d 987 (Fla. 1st DCA 1988) (Employee directed to pick up drink cups on way into work); Bruck v. Glen Johnson, Inc. (Employee directed to pick up parts from warehouse on way into work). An employee’s trips to and from his place of residence will always have…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Eady v. Medical Personnel Pool, 377 So. 2d 693 (Fla. 1979)
- Bruck v. Glen Johnson, Inc., 418 So. 2d 1209 (Fla. 1st DCA 1982)
- Nikko Gold Coast Cruises v. Gulliford, 448 So. 2d 1002 (Fla. 1984)
- Krause v. W. Lumber Co., 227 So. 2d 486 (Fla. 1969)
- EL Viejo Arco Iris, Inc. v. Ildefonso Luaces, 395 So. 2d 225 (Fla. 1st DCA 1981)
- Susan Loverings Figure Salon & Aetna Life & Cas. v. Trisha McRORIE, 498 So. 2d 1033 (Fla. 1st DCA 1986)