Dade County School Bd. v. Polite, BJ-364

Decision Date18 September 1986
Docket NumberNo. BJ-364,BJ-364
Citation11 Fla. L. Weekly 2004,495 So.2d 795
Parties35 Ed. Law Rep. 873, 11 Fla. L. Weekly 2004 DADE COUNTY SCHOOL BOARD and Gallagher Bassett Insurance Service, Appellants, v. Cheryl POLITE, Appellee.
CourtFlorida District Court of Appeals

Jeffrey S. Breslow of Adams, Kelley & Kronenberg, Miami, for appellants.

Pamela Fleischmann, South Miami, and Joseph C. Segor, Miami, for appellee.

MILLS, Judge.

The Dade County School Board and Gallagher Bassett Insurance Service (E/C) appeal from an order of the deputy commissioner (D/C) finding that Polite's injuries were compensable in that they arose out of and in the course of her employment. We affirm.

Polite is employed by the E/C as a physical education teacher. At the time of the accident herein, Polite taught physical education at North Glade Elementary School in the morning and at Lake Stevens Elementary School in the afternoon, five days a week. Her workday officially ended each day at 3:05 P.M., but participation by teachers in after-school student activities, while not required as a condition of employment, was officially encouraged and reflected in a positive fashion on teacher evaluations. Throughout her employment with E/C, Polite had consistently participated in such activities in the physical education area with the E/C's knowledge and approval.

On the day of the accident, a track meet involving students from Polite's morning school, North Glade, was to be held after school hours at Skylake Elementary School. At that time of the day, Polite's teaching schedule required her to be at Lake Stevens. On this particular day, the students were released from school at 1:45 P.M., but Polite was required to remain until 3:05 P.M. as noted above. Polite therefore requested permission from the Lake Stevens principal to leave earlier than 3:05, which was granted. Before leaving, Polite collected some of Lake Stevens' track equipment which she knew might be needed at the meet. Because the equipment would be needed by Lake Stevens instructors the next morning, Polite planned to return the equipment immediately following the Skylake meet.

Polite proceeded to the meet and assisted at the starting line and with other duties. She left Skylake a few minutes before 4:00 P.M., using the only road leading away from the school, en route to return the track equipment to Lake Stevens. While on this road, Polite's automobile was struck from the rear by a hit-and-run driver, causing injuries to her back, foot, right knee and right hand. The E/C controverted her claim for medical expenses, relying on the "going and coming" rule; at the subsequent hearing, the E/C argued in the alternative that Polite's attendance at the meet was not in the course of her employment as there was no requirement that she attend.

The D/C entered an order finding Polite's injuries compensable, holding first that, although Polite was not required to attend the meet nor paid therefor, such after-hours teacher participation was expected and considered in performance evaluations. He further held that she was...

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6 cases
  • Roberts v. Montgomery Cnty.
    • United States
    • Court of Appeals of Maryland
    • 28 Enero 2014
    ...(citing Moncus v. Billingsley Logging & American Insurance Co., 366 Ark. 383, 235 S.W.3d 877 (2006)); Dade County School Board v. Polite, 495 So.2d 795, 797 (Fla.Ct.App.1986) (Physical education teacher's injuries deemed compensable when sustained while traveling from a school-sponsored tra......
  • Roberts v. Montgomery Cnty., 39
    • United States
    • Court of Special Appeals of Maryland
    • 28 Enero 2014
    ...(citing Moncus v. Billingsley Logging & American Insurance Co., 235 S.W.3d 877 (Ark. 2006)); Dade County School Board v. Polite, 495 So.2d 795, 797Page 20(Fl. Ct. App. 1986) (Physical education teacher's injuries deemed compensable when sustained while traveling from a school-sponsored trac......
  • Doctor's Business Service, Inc. v. Clark
    • United States
    • Court of Appeal of Florida (US)
    • 20 Noviembre 1986
    ..."curiouser" when the dissenting authors' analysis is compared with their decision in Dade County School Board and Gallagher Bassett Insurance Service v. Cheryl Polite, 495 So.2d 795 (Fla. 1st DCA 1986). ...
  • Evans v. Handi-Man Temporary Services and Riscorp, HANDI-MAN
    • United States
    • Court of Appeal of Florida (US)
    • 17 Abril 1998
    ...to performance of the employee's job responsibility." § 440.092(4), Fla. Stat. (1995). See, e.g., Dade County Sch. Bd. v. Polite, 495 So.2d 795 (Fla. 1st DCA 1986)(holding that a school teacher returning to school from an athletic event to drop off equipment was in the course and scope of e......
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