| 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 |
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| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
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| 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. |