AM. LEGION POST NO. 30 v. GAILEY

No. BK-333.

498 So.2d 1321 (1986)

AMERICAN LEGION POST # 30 and Ina/Aetna, Appellants, v. James GAILEY, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied January 6, 1987.


Attorney(s) appearing for the Case

Mark E. Hungate of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., St. Petersburg, for appellants.

James R. Hutchens, Sarasota; William S. Josey of Alpert, Josey, Freeman & Grilli, Tampa, for appellee.


MILLS, Judge.

This is an appeal from a workers' compensation order finding compensability and awarding payment of temporary total disability and medical benefits. We find the deputy commissioner erred as a matter of law in finding that Gailey re-entered the course of employment by intervening to "further the business reputation and interests of his employer," and accordingly reverse.

Gailey was employed by the American Legion Post as a bartender in July of...

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