JCC Considers Going and Coming Rule in Plumber's Work Injury Case

Carmelo Rafael Batista, a plumber employed by Olympia Plumbing, sustained injuries on September 6, 2025, and filed a claim for workers' compensation benefits. Batista performed plumbing installation work on new construction projects, working sequentially at different job sites in Miami and Fort Lauderdale. The central dispute in this case involved whether the accident occurred during the course and scope of employment or whether it fell under the going and coming rule exception.

Judge Kimberly A. Hill of the West Palm Beach District Office conducted a bifurcated final hearing on April 30, 2026, to determine compensability and the applicability of the going and coming rule. The employer/carrier defended the claim by arguing that Batista suffered his injury while going to or coming from work, which would not constitute an injury arising out of and in the course of employment under Florida Statute 440.092(2). The case turned on whether any exceptions to the general going and coming rule applied to Batista's circumstances.

This case highlights the critical importance of the going and coming rule in Florida workers' compensation law, which generally bars coverage for injuries sustained during an employee's commute. Employers and carriers should carefully investigate the specific circumstances surrounding claimed injuries that occur outside the physical workplace, as exceptions to the rule exist for special circumstances such as travel between multiple job sites or employer-mandated transportation. Claimants must be prepared to demonstrate that their situation falls within a recognized exception to overcome this common defense.

Source: Compensation Order