Arruda v. HCA Management Services, L.P. / Parallon / ESIS WC Claims / Broadspire
Derrick E. Cox
JCC Stanton (Gainesville)(9-11-18) – Compensability denied at bifurcated hearing. The claimant was employed as a per diem nurse and was involved in a car accident on her way home from a regularly scheduled hospital assignment. The JCC concluded that the claimant was not a traveling employee because she was not required to travel for her job, she was free to accept or decline assignments and the employer did not pay for any travel expenses. The JCC also concluded that the claimant was not in the course and scope of her employment under the “coming and going” rule, as she completed her work day once she left the premises of the hospital. The claims for compensability of the accident, along with attorney fees and costs were denied.
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