MARTINEZ v. D.L. CULLIFER & SON, INC.

Nos. 89-1114, 89-1115.

556 So.2d 796 (1990)

Pablo MARTINEZ, Appellant, v. D.L. CULLIFER & SON, INC., and Liberty Mutual Insurance Company, Appellees. Mario Navarro, Appellant, v. D.L. Cullifer & Son, Inc., and Liberty Mutual Insurance Company, Appellees.

District Court of Appeal of Florida, First District.

February 13, 1990.


Attorney(s) appearing for the Case

Richard A. Kupfer, of Wagner, Nugent, Johnson, Roth, Romano, Eriksen & Kupfer, P.A., West Palm Beach, and Howell & Thornhill, P.A., Winter Haven, for appellants.

Judith J. Flanders, of Lane, Trohn, Clarke, Bertrand & Williams, P.A., Lakeland, for appellees.


ERVIN, Judge.

In these consolidated workers' compensation appeals, appellants/claimants argue that the judge of compensation claims erred in holding that claimants were not entitled to compensation benefits on the ground that at the time of their injuries they were both engaged in an activity that constituted a substantial deviation from the course and scope of their employment. We agree with appellants' position and reverse and remand.

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