On March 16, 2022, the First District Court of Appeal of Florida, in Kelly Air Systems, LLC v. Kohlun, found that injuries suffered by an air conditioning technician—while traveling home from work using an employer-provided vehicle—were not compensable under workers compensation (WC).
In this case, the employee was injured while traveling from his final service call location, after clocking out for the day, in a vehicle provided by the employer for his exclusive personal use for travel to and from work.
In its opinion, the court analyzed the interplay between Florida statutes 440.092(2)—the coming-and-going provision—and 440.092(4)—the traveling employee provision. The court noted that the coming-and-going provision excludes injuries sustained while traveling to or from work regardless of whether the employer provided transportation that was available for the exclusive personal use of the employee. Turning to the traveling employee provision, the court reasoned that injuries suffered while traveling to and from work are not compensable even when the employee regularly works in a travel status. The court then read both provisions together and concluded that going to and coming from work contemplates uncompensated travel that is not otherwise connected to the employment.
The court found that the technician was not compensated for his travel, was not at work at the time of the accident, and was driving in the employer’s vehicle available for his personal use to travel to and from work. Thus, the court held that the employee was not in a travel status, the going-and-coming provision applied, and the injuries were not compensable.
This case could be appealed. NCCI will monitor further developments.
For more information on other cases monitored by NCCI’s Legal Division, visit previous Court Case Updates and
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ncci.com.
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