STEWART v. LAKELAND FUNERAL HOME

No. 1D11-1982.

86 So.3d 1205 (2012)

James Harold STEWART, Appellant, v. LAKELAND FUNERAL HOME and Constitution State Service Company, Appellees.

District Court of Appeal of Florida, First District.

May 1, 2012.


Attorney(s) appearing for the Case

Jeffrey E. Appel of the Appel Law Group, Lakeland, for Appellant.

J. Craig Delesie, Jr. , of Kadyk & Delesie, Tampa, for Appellees.


MARSTILLER, J.

James Harold Stewart ("Claimant") appeals a final order of the Judge of Compensation Claims ("JCC") denying compensability of injuries he sustained in a motorcycle accident while driving from his residence to work. Because section 440.092(2), Florida Statutes (2009), provides that an injury suffered while going to or coming from work does not arise out of or occur in the course of employment, and because neither the special errand nor dual purpose exceptions...

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