Echelbarger v. Carpenter Co.

District Court of Appeal of Florida

Echelbarger v. Carpenter Co.

892 So. 2d 531, 2004 Fla. App. LEXIS 20238, 2004 WL 3015224

District Court of Appeal of Florida·Decided December 30, 2004·No. No. 1D03-5100·Published·Cited by 1 cases

Opinion

PER CURIAM.

In this workers’ compensation appeal, Claimant argues that the judge of compensation claims (JCC) erred in finding his compensable industrial accident caused only a temporary exacerbation of a previous soft tissue back injury. We agree because, according to the JCC’s findings, the accident resulted in a permanent impairment and disability, neither of which existed before the accident. See generally Smith v. Sch. Bd. of Polk County, 647 So.2d 1057, 1058-59 (Fla. 1st DCA 1994); Luttrell v. Roger Holler Chevrolet, 625 So.2d 921, 924-25 (Fla. 1st DCA 1993).

REVERSED.

BOOTH, VAN NORTWICK and PADOVANO, JJ., concur.

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PER CURIAM.

In this workers’ compensation appeal, Claimant argues that the judge of compensation claims (JCC) erred in finding his compensable industrial accident caused only a temporary exacerbation of a previous soft tissue back injury. We agree because, according to the JCC’s findings, the accident resulted in a permanent impairment and disability, neither of which existed before the accident. See generally Smith v. Sch. Bd. of Polk County, 647 So.2d 1057, 1058-59 (Fla. 1st DCA 1994); Luttrell v. Roger Holler Chevrolet, 625 So.2d 921, 924-25 (Fla. 1st DCA 1993).

REVERSED.

BOOTH, VAN NORTWICK and PADOVANO, JJ., concur.

Echelbarger v. Carpenter Co., 892 So. 2d 531, 2004 Fla. App. LEXIS 20238, 2004 WL 3015224 (Fla. Ct. App. 2004).

Pincite

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Opinion

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