Gulbrandsen v. Carlton Wilbert Vault, Inc.
Gulbrandsen v. Carlton Wilbert Vault, Inc.
Opinion of the Court
This appeal arises from an order of the Judge of Compensation Claims (hereinafter “JCC”) finding that Claimant’s accident was not compensable due to the going and coming rule. Finding no error by the JCC, we affirm.
On March 21, 1996, Claimant was seriously injured in a traffic accident while traveling to work. He was driving a truck provided by his employer, Appellee Carlton Wilbert Vault, Inc. Relying on Swartzer v. Food Fair Stores, Inc., 175 So.2d 36 (Fla. 1965), Claimant argues that because the employer retained title, the employer maintained control over the vehicle and Claimant could not, as a matter of law, have had “exclusive personal use,” as contemplated by Florida Statutes section 440.092(2).
. Section 440.092(2), Florida Statutes (1990), provides as follows:
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.