Ditchmen • NUCA of Florida Ditchmen - December 2019 | Page 19

2d 344 (Fla. 1st DCA 2005) whereby an
injury sustained by claimant while playing
softball when she was “on-call” was not
compensable.
In addition, the court found that the
undisputed facts in this record also satisfy
Florida Statutes, Section 440.092(1)’s
exception to the exemption for “recreational
activities.” The court ruled tht no reasonable
person in Reynold’s position would have
believed that the activity was not a required
incident of employment. In addition, the
testimony of the employer established that
there was a substantial and direct benefit
to the employer beyond simply improving
employee morale and health.
during regular work hours, or better yet,
check with your attorney to see if you need
a waiver of liability for recreational activities.
You may read the case by clicking on
Reynolds v. Anixter Power Solutions .
The take-away from the case in my opinion
is that employers should be extremely clear
to ensure that employees can opt-out of
“recreational activities” that may result in
injuries if such activities are engaged in
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