1 | A bill to be entitled |
2 | An act relating to workers' compensation; amending s. |
3 | 440.092, F.S.; providing special requirements for |
4 | compensability relating to deviation from employment and |
5 | subsequent intervening accidents; providing an effective |
6 | date. |
7 |
|
8 | Be It Enacted by the Legislature of the State of Florida: |
9 |
|
10 | Section 1. Subsection (3) of section 440.092, Florida |
11 | Statutes, is amended to read: |
12 | 440.092 Special requirements for compensability; deviation |
13 | from employment; subsequent intervening accidents.-- |
14 | (3) DEVIATION FROM EMPLOYMENT.-- |
15 | (a) An employee who is injured while deviating from the |
16 | course of employment, whether the employee leaves or remains on |
17 | including leaving the employer's premises, is not eligible for |
18 | benefits unless such deviation is expressly approved by the |
19 | employer, or unless such deviation or act is in response to an |
20 | emergency and designed to save life or property. |
21 | (b) For purposes of this subsection, an employee deviates |
22 | from the course of employment when the employee: |
23 | 1. Acts in a manner not directly related to the employee's |
24 | work duties; or |
25 | 2. Acts in furtherance of the employee's personal |
26 | interests. |
27 | (c) An injury sustained during a deviation from the course |
28 | of employment shall not be deemed compensable even where such |
29 | deviation is of short duration. This includes deviations where |
30 | such deviation represents an inherently dangerous act on the |
31 | part of the employee. |
32 | Section 2. This act shall take effect July 1, 2007. |