Florida Court Relies upon GPS Information to deny Employee’s Workers’ Compensation Claim
1 min read
May 11, 2012
The District Court of Appeal of Florida recently addressed an issue which will undoubtedly be of interest to employers nationwide. In Roloff v. Lock Busters of Southwest Florida, the locksmith employee was required to be on call “waiting to be engaged” during his shift. The company vans contained GPS devices which provided for the location of the vehicle.
While on his way to a service call, he pulled over to go to the bathroom, and in doing so, stepped into a hole in the ground and was injured. He filed a claim against his employer due to his injuries. The employer pulled the service logs and GPS data for the date and time of the alleged incident, and the logs contradicted the employee’s version of events. The employer accordingly claimed that the employee was not in the course and scope of employment because the Company only considered employees to be in the course and scope of employment when engaged in a service call. Since the logs revealed otherwise, the employer challenged the claim.
The Judge of Compensation Claims determined that the employee was not in the course and scope of employment, and further determined that the employee’s choice to pull over and engage in public urination was a deviation from employment. The employee’s petition was accordingly denied, and the First District Court of Appeal affirmed this decision.
GPS is being used more frequently by employers to defend against various employment-related claims, including workers’ compensation, meal and rest break, and overtime claims. Employers should have clear policies outlining their monitoring practices so that if and when an issue arises, the information can be used to rebut claims.
Featured Insights

Event
Mar 3 – 5, 2026
25th Annual Legal Malpractice & Risk Management (LMRM) Conference

Press Release
Feb 13, 2026
Hinshaw Team Wins Appeal in Criminal Indictment of Waukegan City Clerk Janet Kilkelly

Press Release
Feb 10, 2026
Hinshaw Trial Team Secures $0 Defense Verdict in $15 Million Auto Accident Trial

Press Release
Feb 4, 2026
Hinshaw Celebrates 17 Consecutive Years of Being Named an Equality 100 Award Winner

Press Release
Feb 5, 2026
Hinshaw Legal Team Secures Directed Verdict in Florida Equine Fraud Case

Press Release
Feb 2, 2026
Hinshaw Welcomes 16 Attorneys in Seven Offices and Announces Opening of a Cleveland Office

Press Release
Jan 20, 2026
Hinshaw Attorneys Named to the LCLD 2026 Fellowship Class and 2026 Pathfinder Program

Press Release
Jan 15, 2026
Hinshaw Client Secures a Complete Jury Verdict in Fraudulent Misrepresentation Horse Sale Case

Press Release
Jan 6, 2026
Hinshaw Adds Four-Member Consumer Financial Services Team in DC and Florida



