DSK Group, Inc. v. Zayas
47 FLW D952
The question in this case is whether in accordance with Section 440.092(2), Florida Statutes, the injured worker was in the course and scope of his employment at the time of this accident or whether the going and coming rule excluded compensability. The JCC rejected the contention that the claimant was a traveling employee which is an exception to the going and coming exclusion but rather labeled the claimant as a "field employee" as opposed to one who works directly at the employer's premises during the work week. As such, the claimant was considered to be on the job from the moment he started his car at home in the morning. This accident happened when the claimant was traveling to his first remodeling job of the day as directed by the employer. The claimant relied solely on the "traveling employee" exception in Section 440.092(4), Florida Statutes, to get around the going and coming exclusion of entitlement to workers' compensation benefits. JCC determined that claimant's accidental injury was compensable.
Court determined that work begins when employees start to be compensated in the normal course of the work day and excludes uncompensated travel to and from the place where compensation begins. In this case, there was no question that the claimant did not start getting paid until he arrived at his first job of the day and clocked in. There is nothing in the statute that supports what appears to be the JCC's exception for "field employees" who perform work away from the employer-on location. The "traveling employee" exception to the going and coming rule cannot apply to an injury an employee suffers while traveling to where he will start the activity for which the employer has agreed to pay him/her. If an employee is engaged in conduct which entitles him/her to remuneration under the terms of employment, then that employee is "at work." In summary, if an employee is being compensated or reimbursed for his time and expenses traveling to a job location or if he is traveling between two compensated activities, then he would not be traveling to or from work even if the travel is to or from his home.