Advanced Diagnostics v. Walsh, No. AJ-213
| Court | Florida District Court of Appeals |
| Writing for the Court | LARRY G. SMITH; ERVIN, C.J., and MILLS |
| Citation | 437 So.2d 778 |
| Docket Number | No. AJ-213 |
| Decision Date | 14 September 1983 |
| Parties | ADVANCED DIAGNOSTICS and State Farm Fire and Casualty Company, Appellants, v. Patrick WALSH, Appellee. |
Page 778
v.
Patrick WALSH, Appellee.
First District.
Page 779
Bernard I. Probst, Walton, Lantaff, Schroeder & Carson, Miami, for appellants.
Joel V. Lumer, Miami, and Neil Chonin, P.A., Coral Gables, for appellee.
LARRY G. SMITH, Judge.
The employer/carrier appeal from a final order of the deputy commissioner finding that appellee-Walsh suffered a compensable injury. The sole issue presented on appeal is whether the deputy commissioner erred in applying the "special errand" exception to the "going and coming" rule, thus finding the accident one which occurred in the course and scope of claimant's employment. We affirm based upon the conclusion that the going and coming rule is not applicable in this case, thus making the finding of an exception to the rule unnecessary in order to justify the award. Any error in the deputy commissioner's application of the "special errand" exception is therefore harmless, and we affirm.
Walsh was employed by Advanced Diagnostic Imaging, Inc., as a sales representative. The employer was in the business of selling x-ray equipment and supplies to hospitals, physicians' offices, radiology technicians, and other medical personnel. Walsh normally worked a 9:00 o'clock to 5:00 o'clock day. However, he occasionally would take a physician or technician out to dinner if he felt it would enhance his chances of making a sale. He also was told that as a part of his duties he would be required to attend the meetings of various professional organizations in order to promote the products of the company, although as of the date of the accident he had not yet attended any such meetings because none had been held. On September 17, 1980, approximately two months after he became employed, a meeting of the Greater Miami Society of Radiologic Technologists was scheduled to be held at Victoria Hospital. At approximately 4:30 that afternoon, Walsh was told of the meeting by a superior. He was directed to go by a printing company, pick up some business cards, go home and eat dinner, then take the cards to the meeting at Victoria Hospital at 8:00 o'clock that evening for distribution. After arriving home and eating dinner, Walsh walked outside and transferred the business cards, which were in the trunk of his wife's car, into the back seat of his own car. While he was in the process of getting into his car to leave for the meeting, a motor vehicle travelling at a high rate of speed along the street went out of control, and ran up into Walsh's yard, striking and injuring him. The accident occurred approximately four to five feet from the street, and on Walsh's property.
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Swartz v. McDonald's Corp., No. SC94489.
...employee is merely traveling to or from work. See § 440.092(4), Fla. Stat. (1995). 2. Swartz contends that Advanced Diagnostics v. Walsh, 437 So.2d 778 (Fla. 1st DCA 1983), Standard Distribution Co. v. Johnson, 445 So.2d 663 (Fla. 1st DCA 1984), and Poinciana Village Construction Corp. v. G......
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Carroll Air Systems, Inc. v. Greenbaum, No. 91-3240
...865 (Fla.1955); Whetzel v. Metropolitan Life Ins. Company, 266 So.2d 89 (Fla. 4th DCA 1972); see also Advanced Diagnostics v. Walsh, 437 So.2d 778 (Fla. 1st DCA 1983) (discussing worker's compensation "going and coming" Courts across the country are divided on the issue of whether an employ......
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Dade County School Bd. v. Polite, No. BJ-364
...laid down which will automatically solve every case." Sweat v. Allen, 200 So. 348, 350 (Fla.1941), accord Advanced Diagnostics v. Walsh, 437 So.2d 778, 780 (Fla. 1st DCA In this case, the D/C found, and there is competent, substantial evidence in the record to show, that at the time of the ......
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Schoenfelder v. Winn & Jorgensen, P.A., No. 96-4322
...and it cannot be equated with an employee's routine travel to his or her office to begin a workday. Cf. Advanced Diagnostics v. Walsh, 437 So.2d 778 (Fla. 1st DCA 1983) (medical salesman sustained compensable injury while getting into his car to drive from home to a professional meeting, be......
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Swartz v. McDonald's Corp., No. SC94489.
...employee is merely traveling to or from work. See § 440.092(4), Fla. Stat. (1995). 2. Swartz contends that Advanced Diagnostics v. Walsh, 437 So.2d 778 (Fla. 1st DCA 1983), Standard Distribution Co. v. Johnson, 445 So.2d 663 (Fla. 1st DCA 1984), and Poinciana Village Construction Corp. v. G......
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Carroll Air Systems, Inc. v. Greenbaum, No. 91-3240
...865 (Fla.1955); Whetzel v. Metropolitan Life Ins. Company, 266 So.2d 89 (Fla. 4th DCA 1972); see also Advanced Diagnostics v. Walsh, 437 So.2d 778 (Fla. 1st DCA 1983) (discussing worker's compensation "going and coming" Courts across the country are divided on the issue of whether an employ......
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Dade County School Bd. v. Polite, No. BJ-364
...laid down which will automatically solve every case." Sweat v. Allen, 200 So. 348, 350 (Fla.1941), accord Advanced Diagnostics v. Walsh, 437 So.2d 778, 780 (Fla. 1st DCA In this case, the D/C found, and there is competent, substantial evidence in the record to show, that at the time of the ......
-
Schoenfelder v. Winn & Jorgensen, P.A., No. 96-4322
...and it cannot be equated with an employee's routine travel to his or her office to begin a workday. Cf. Advanced Diagnostics v. Walsh, 437 So.2d 778 (Fla. 1st DCA 1983) (medical salesman sustained compensable injury while getting into his car to drive from home to a professional meeting, be......