In the case of Pensacola Christian College and Maddox v. Bruhn, 37 FLW D64, decided December 30, 2011, the First District Court of Appeals held that a part-time worker at the college bookstore who was bicycling back to the bookstore during her lunch hour when she was struck by a college van on an unrelated task was barred from pursuing a third party recovery against the van and the van's driver. The girl's injury had been turned in to the workers' compensation carrier because although she was off the clock, she was still on the company premises, that being the grounds of the college.
The trial court found that she was not in the in the course and scope of employment and workers' compensation was not the exclusive remedy. This was reversed by the First DCA which held, in a chilling effect on the plaintiff's right to bring an injury claim, that "Because the plaintiff was on the employer's premises, returning to her work station after lunch, she was within the course and scope of employment at the time of the injury" and workers' compensation was her exclusive remedy. This case may be appealed by an attorney to the Florida Supreme Court.
