Fla. 1st: Use of Company Vehicle the Deciding Factor

The going and coming rule applies when there are no practical restrictions on a claimant's use of a company vehicle, the Florida 1st District Court of Appeal ruled. The court ruled in Wilcox v. AG Mart Produce 1D06-1280, 11/28/06, on an appeal by Timothy Wilcox. He was injured in a motor vehicle accident while driving a company vehicle home from work on March 2, 2005. The judge of compensation claims (JCC) denied benefits to Wilcox based on the going and coming rule, section 440.092(2), Florida Statutes (2005). Wilcox worked as a farm supervisor for Ag Mart Produce. The employer ga...