SHERRY MADDEN, APPELLANT,
v.
WALT DISNEY WORLD COMPANY AND WALT DISNEY WORLD, APPELLEES

Fla. 1st DCA | 1998-05-12
No. 97-2288
ERVIN, BOOTH and VAN NORTWICK, JJ., concur.
711 So. 2d 150 Florida District Court of Appeal, First District (1998) Positive Treatment
Cited by 1 case


Opinion of the Court
PER CURIAM.

PER CURIAM.

In this workers’ compensation appeal, Sherry Madden, who was employed as a telephone operator by appellant Walt Disney World Company, appeals an order denying compensability for injuries sustained on her day off while riding “Splash Mountain” at the Magic Kingdom, a Walt Disney World theme park, and dismissing with prejudice her petition for benefits. The record contains competent, substantial evidence supporting the finding of the Judge of Compensation Claims (JCC) that the claimant’s attendance at the Magic Kingdom and ride on Splash Mountain was not expressly required as an incident of her employment. See § 440.092(1), Fla. Stat. (1991); Highlands County School Board v. Savage, 609 So. 2d 133, 134 (Fla. 1st DCA 1992). Further, even though claimant was injured on property owned and controlled by her employer, competent, substantial evidence supports the JCC’s finding that her work premises were not located at the Magic Kingdom site. Accordingly, we affirm.

AFFIRMED.

ERVIN, BOOTH and VAN NORTWICK, JJ., concur.


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  • The City OF Miami v. Gutierrez, 979 So. 2d 1028 (Fla. 3d DCA 2008)
    …employee was engaged in a recreational activity, unrelated to the work she was hired to perform. [*1029] § 440.092(1), Fla. Stat. (2003); Whitehead v. Orange County Sheriffs Dept., 909 So. 2d 344 (Fla. 1st DCA 2005); Madden v. Walt Disney World Co., 711 So. 2d 150 (Fla. 1st DCA 1998). Affirmed.…

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