The following is a summary of a recent decision of a Final Compensation Order (2/18/2026). This decision can be found on the Office of the Judges of Compensation Claims website.
Case Overview
This is a Florida Workers’ Compensation case heard in Panama City Beach, Florida, with a final hearing held on January 22, 2026. The case involves an employee of an automotive tire and brake service company and their insurance carrier. Notably, this hearing addressed only a single bifurcated issue — whether the accident occurred within the course and scope of employment — with all other benefit determinations reserved for a later proceeding.
Initial Injury
On November 29, 2024 (Black Friday), the employee was involved in a motorcycle accident while traveling from her workplace toward her home. As a result of the accident, she suffered a broken collarbone, broken kneecap, broken femur, and road rash, and was transported by ambulance to a hospital.
Central Dispute — Course and Scope of Employment
The sole question before the judge was whether the motorcycle accident occurred within the course and scope of the employee’s employment. The employer/carrier argued it did not, citing the general “going and coming rule,” which typically excludes commuting injuries from workers’ compensation coverage.
The employee testified that on the morning of the accident, her supervisor directed her to immediately leave work and travel home to retrieve a bank deposit bag she had inadvertently left there, so it could be taken to the bank. She stated her supervisor told her not to clock out because she was performing a work duty. The accident occurred before she reached her home. The employer’s supervisor denied giving this instruction.
Key Factors in the Judge’s Decision
The judge sided with the employee for several compelling reasons. The supervisor clocked the employee out after the accident occurred — not before she left — which was inconsistent with the employer’s claim that she left for personal reasons. The employer’s workers’ compensation manager’s own testimony revealed awareness that the purpose of the trip was at least partly deposit-related, contradicting the supervisor’s denial. Additionally, the employer initially raised no objection to the workers’ compensation claim when it was first filed. The judge found three separate legal exceptions to the going and coming rule applied: the traveling employee exception, the special errand exception (the deposit run was irregular, sudden, and outside normal deposit policies), and the dual purpose exception.
The employer/carrier also argued the employee should be barred from benefits because she was charged with reckless driving. The judge rejected this, finding that reckless driving does not constitute a willful intent to injure or kill, which is the legal standard required to bar compensation under Florida law.
Final Compensation Outcome
The judge ruled in favor of the employee on the sole issue heard:
The November 29, 2024 motorcycle accident occurred in the course and scope of employment — GRANTED.
All remaining benefit claims (the nature and dollar amount of compensation owed) are reserved for future proceedings, as the full determination of benefits was bifurcated and will require additional hearings.
The question of attorney’s fees and costs is also reserved for future determination.
In short, the employee cleared the critical first hurdle — her accident is legally compensable as a workplace injury — but the specific benefits and amounts owed have yet to be decided.
Florida Workers’ Compensation Attorney, Adam Baron
At Adam Baron Law, we offer free consultations to discuss your workplace injury. We’ll review what happened, explain your rights, and help you understand your options. We don’t get paid unless we recover benefits for you, so there’s no financial risk in calling us.
Florida workers deserve safe workplaces and fair treatment when they’re injured on the job. Contact Adam Baron Law today at 954-247-HURT to learn how we can help you get the workers’ compensation benefits you need and deserve. Your recovery and your family’s financial security are too important to leave to chance.
Adam Baron Law is based in Coral Springs, but works with injured workers across the State of Florida – including those in Hillsborough County (largely Tampa and other nearby communities).
*Adam Baron Law was not associated with the injured party, this particular case or decision.