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CITY OF NORTH BAY VILLAGE v. MILLERICK

No. 98-761.

721 So.2d 1230 (1998)

CITY OF NORTH BAY VILLAGE and I.S.A.C., Appellants, v. James V. MILLERICK, Appellee.

District Court of Appeal of Florida, First District.

December 21, 1998.

Attorney(s) appearing for the Case

H. George Kagan and Elliot B. Kula of Miller, Kagan, Rodriguez & Silver, P.A., West Palm Beach, for Appellants.

Joseph Hackney, Jr., P.A., Miami, for Appellee.

PADOVANO, Judge.

The City of North Bay Village and its servicing agent appeal a final order awarding workers' compensation benefits to James Millerick, for injuries he sustained in an automobile accident. We conclude that Millerick's injuries are not compensable because he was off duty and not engaged in his primary responsibility as a police officer at the time of the accident. Therefore, we reverse.

Millerick was a sergeant with the North Bay Village Police...

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