Senate Bill sb1204

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    Florida Senate - 2007                                  SB 1204

    By Senator Bennett





    21-1489-07                                          See HB 607

  1                      A bill to be entitled

  2         An act relating to workers' compensation;

  3         amending s. 440.092, F.S.; providing special

  4         requirements for compensability relating to

  5         deviation from employment and subsequent

  6         intervening accidents; providing an effective

  7         date.

  8  

  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Subsection (3) of section 440.092, Florida

12  Statutes, is amended to read:

13         440.092  Special requirements for compensability;

14  deviation from employment; subsequent intervening accidents.--

15         (3)  DEVIATION FROM EMPLOYMENT.--

16         (a)  An employee who is injured while deviating from

17  the course of employment, whether the employee leaves or

18  remains on including leaving the employer's premises, is not

19  eligible for benefits unless such deviation is expressly

20  approved by the employer, or unless such deviation or act is

21  in response to an emergency and designed to save life or

22  property.

23         (b)  For purposes of this subsection, an employee

24  deviates from the course of employment when the employee:

25         1.  Acts in a manner not directly related to the

26  employee's work duties; or

27         2.  Acts in furtherance of the employee's personal

28  interests.

29         (c)  An injury sustained during a deviation from the

30  course of employment shall not be deemed compensable even

31  where such deviation is of short duration. This includes

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    Florida Senate - 2007                                  SB 1204
    21-1489-07                                          See HB 607




 1  deviations where such deviation represents an inherently

 2  dangerous act on the part of the employee.

 3         Section 2.  This act shall take effect July 1, 2007.

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CODING: Words stricken are deletions; words underlined are additions.