Strother v. Morrison Cafeteria - 383 So. 2d 623 (Fla. 1980)

Rule:

To be compensable, an injury must arise out of employment in the sense of causation and be in the course of employment in the sense of continuity of time, space, and circumstances. This latter factor may be proved by showing that the causative factors occurred during the time and space limits of employment.

Facts:

Petitioner claimant initially sought worker's compensation for injuries sustained when she was assaulted at home by assailants that had followed her from respondent employer's place of business apparently thinking that she had the money from the cafeteria for deposit. The judge of industrial claims determined that petitioner's injuries were compensable. The Industrial relations commission reversed this judgement holding that petitioner's injuries were not sustained during the course of employment. Petitioner sought review of the decision. 

Issue:

Did the petitioner sustain a compensable accident when she was assaulted outside the time and space limits of her employment? 

Answer:

Yes.

Conclusion:

Upon review, the court reversed the order denying petitioner worker's compensation and clarified its inconsistent interpretations of the statutory language arising out of and in the course of employment. The court held that to be compensable, an injury must arise out of employment in the sense of causation and be in the course of employment in the sense of continuity of time, space, and circumstances. The court held that this latter factor may be proved by showing that the causative factors occurred during the time and space limits of employment.