The Oaks v. Paulk

• Citation: 557 So.2d 219
• Decision Date: 26 February 1990
• Docket Number: No. 89-1451,89-1451
• Parties: 15 Fla. L. Weekly D537 THE OAKS and Cigna Property & Casualty, Appellants, v. Cathy Hudson PAULK, Appellee.
• Court: Court of Appeal of Florida (US)

Page 219

557 So.2d 219

15 Fla. L. Weekly D537

THE OAKS and Cigna Property & Casualty, Appellants, v. Cathy Hudson PAULK, Appellee.

No. 89-1451.

District Court of Appeal of Florida,

First District.

Feb. 26, 1990.

H. George Kagan and Wendy Ellen Marfino of Miller, Hodges, Kagan & Chait, Deerfield Beach, for appellants.

Mark A. Massey of Daniel L. Hightower, P.A., Ocala, for appellee.

WIGGINTON, Judge.

In this workers' compensation appeal the judge of compensation claims found claimant's accident to be compensable under the "special errand" exception to the going and coming rule. We affirm. See Spartan Food Systems & Subsidiaries v. Hopkins, 525 So.2d 987 (Fla. 1st DCA 1988); and Gulliford v. Nikko Gold Coast Cruises, 423 So.2d 588 (Fla. 1st DCA 1982). Moreover, based on the facts of this case as found by the judge, we affirm the judge's conclusion that the employer/carrier were estopped from asserting the statute of limitations defense. See McCort v. Southland Corporation, 543 So.2d 232 (Fla. 1st DCA 1989) (opinion clarified); Wood v. McTyre Trucking Co., Inc., 526 So.2d 739 (Fla. 1st DCA 1988).

However, appellants maintain and claimant agrees that the judge erred in awarding temporary total disability benefits retroactively during the period beginning January 1986 through mid-April 1986 when claimant was receiving her full wages. Accordingly, the cause is reversed and remanded on this point for further consideration of an appropriate offset of such benefits.

AFFIRMED, in part, REVERSED, in part, and REMANDED for further proceedings.

ERVIN and WENTWORTH, JJ., concur.