Krause v. West Lumber Co., No. 38372

CourtUnited States State Supreme Court of Florida
Writing for the CourtERVIN; BOYD
Citation227 So.2d 486
Decision Date29 October 1969
Docket NumberNo. 38372
PartiesGerald W. KRAUSE, Petitioner, v. WEST LUMBER COMPANY, Universal Underwriters Insurance Company and the Florida Industrial Commission, Respondents.

Page 486

227 So.2d 486
Gerald W. KRAUSE, Petitioner,
v.
WEST LUMBER COMPANY, Universal Underwriters Insurance Company and the Florida Industrial Commission, Respondents.
No. 38372.
Supreme Court of Florida.
Oct. 29, 1969.

Richard H. Reynolds and Lally, Miller & Hodges, Miami, for petitioner.

Anthony Reinert, of Dean, Adams, George & Wood, Miami, for respondents.

DREW Justice:

Petitioner, a workmen's compensation claimant, seeks review of a Florida Industrial Commission Order reversing the Judge of Industrial Claims, who determined

Page 487

that the accident causing claimant's injury arose out of and in the course of claimant's employment.

Claimant was a salesman employed on an hourly and commission basis. On the day of the accident the employer scheduled a sales meeting in the store for the closing hour of 5:30 p.m. Claimant advised his supervisor that he did not have his car with him at work. The supervisor authorized claimant to call his wife and request her to pick him up, that he might take his wife home and return to the sales meeting with the family car. Testimony of claimant and his supervisor differ as to whether the supervisor suggested this procedure, or whether claimant suggested such a course of action that was merely concurred in by the supervisor.

Claimant was picked up at work shortly after five o'clock by his wife. He took his wife and children directly home and was returning to the sales meeting when the accident occurred at about 5:25 p.m. Fllowing past practices, claimant did not sign out and his pay was not docked for the time spent away from work. Salesmen were not compensated for time spent at sales meetings, although all were expected to attend.

The Judge of Industrial Claims, in arriving at his conclusion that the accident arose out of and in the course of claimant's employment, made the following findings: (a) at the time of the automobile accident claimant was following orders of his employer, who had authorized him to obtain his car so that he would have transportation home after the sales meeting; (b) at the time of the accident claimant was on a route he would not normally have been on except for his expected attendance at the sales meeting; (c) during this trip the employee was being paid; (d) the trip was for business purposes and would not have been made except for the calling of the sales meeting; (e) at the time of the accident claimant was under the implied control of the employer.

The above...

To continue reading

Request your trial
10 practice notes
  • Swartz v. McDonald's Corp., No. SC94489.
    • United States
    • United States State Supreme Court of Florida
    • 24 Mayo 2001
    ...errand cases. Thus, Cook, like Nikko, involved a straightforward application of the dual purpose doctrine. In Krause v. West Lumber Co., 227 So.2d 486, 488 (Fla.1969), we applied the dual purpose doctrine to provide compensation without discussing the special errand exception. See also Hage......
  • Griffith v. Budget Rent-A-Car Systems, Inc., RENT-A-CAR
    • United States
    • Court of Appeal of Florida (US)
    • 30 Abril 1997
    ...particularly where the injuries sustained by the employee is the result of an automobile accident. See, e.g., Krause v. West Lumber Co., 227 So.2d 486, 488 (Fla.1969) (while returning to office for meeting, salesman was injured in auto accident after taking his wife home, the court held tha......
  • Advanced Diagnostics v. Walsh, No. AJ-213
    • United States
    • Florida District Court of Appeals
    • 14 Septiembre 1983
    ...Grillo v. Gorney Beauty Shops Co., supra; Zipperer v. Peninsular Life Insurance Company, supra; Krause v. West Lumber Company, 227 So.2d 486 (Fla.1969); Bruck v. Glen Johnson, Inc., 418 So.2d 1209 (Fla. 1st DCA 1982). The deputy here apparently determined that the "outer edge of the cloak o......
  • Sunshine Jr. Food Stores, Inc. v. Thompson, Nos. AC-416
    • United States
    • Florida District Court of Appeals
    • 2 Febrero 1982
    ...Scholastic Systems, Inc. v. LeLoup, IRC Order 2-2560, cert. denied with opinion, 307 So.2d 166 (Fla.1975); Krause v. West Lumber Co., 227 So.2d 486 The workers' compensation act is remedial legislation and should be liberally construed to effectuate the purpose of its enactment. N. & L. Aut......
  • Request a trial to view additional results
10 cases
  • Swartz v. McDonald's Corp., No. SC94489.
    • United States
    • United States State Supreme Court of Florida
    • 24 Mayo 2001
    ...errand cases. Thus, Cook, like Nikko, involved a straightforward application of the dual purpose doctrine. In Krause v. West Lumber Co., 227 So.2d 486, 488 (Fla.1969), we applied the dual purpose doctrine to provide compensation without discussing the special errand exception. See also Hage......
  • Griffith v. Budget Rent-A-Car Systems, Inc., RENT-A-CAR
    • United States
    • Court of Appeal of Florida (US)
    • 30 Abril 1997
    ...particularly where the injuries sustained by the employee is the result of an automobile accident. See, e.g., Krause v. West Lumber Co., 227 So.2d 486, 488 (Fla.1969) (while returning to office for meeting, salesman was injured in auto accident after taking his wife home, the court held tha......
  • Advanced Diagnostics v. Walsh, No. AJ-213
    • United States
    • Florida District Court of Appeals
    • 14 Septiembre 1983
    ...Grillo v. Gorney Beauty Shops Co., supra; Zipperer v. Peninsular Life Insurance Company, supra; Krause v. West Lumber Company, 227 So.2d 486 (Fla.1969); Bruck v. Glen Johnson, Inc., 418 So.2d 1209 (Fla. 1st DCA 1982). The deputy here apparently determined that the "outer edge of the cloak o......
  • Sunshine Jr. Food Stores, Inc. v. Thompson, Nos. AC-416
    • United States
    • Florida District Court of Appeals
    • 2 Febrero 1982
    ...Scholastic Systems, Inc. v. LeLoup, IRC Order 2-2560, cert. denied with opinion, 307 So.2d 166 (Fla.1975); Krause v. West Lumber Co., 227 So.2d 486 The workers' compensation act is remedial legislation and should be liberally construed to effectuate the purpose of its enactment. N. & L. Aut......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT