Russell Hanstein v. City of Ft. Lauderdale

Summary

The Florida First District Court of Appeal held that a police officer injured while traveling from home to work was acting within the course of his employment. Because the officer’s primary responsibility included enforcement of traffic laws, the court concluded that Florida’s statutory requirements for workers’ compensation coverage were satisfied even though he had not yet issued a citation or taken affirmative action. The court reversed and remanded the workers’ compensation order denying benefits.

Holdings

1. A patrol officer whose primary responsibility includes enforcement of traffic laws is acting within the course of employment while traveling to work on a public thoroughfare and discharging that law-enforcement responsibility.
2. An officer need not actually issue a citation or take additional affirmative action before an injury occurs to be acting within the course of employment under section 440.091.

Questions Presented

1. Whether a police officer traveling from home to work was acting within the course of his employment under section 440.091, Florida Statutes, when he observed a traffic violation and intended to issue a citation before being injured.
2. Whether the officer had to actually issue a citation or take further affirmative action before his injury could be considered to have arisen out of and in the course of employment.

Disposition

reversed_and_remanded