Hudson v. Wekiva Golf Club

District Court of Appeal of Florida

Hudson v. Wekiva Golf Club

503 So. 2d 453, 12 Fla. L. Weekly 712, 1987 Fla. App. LEXIS 7157

CourtDistrict Court of Appeal of Florida

DecidedMarch 5, 1987

DocketNo. BM-402

StatusPublished

This text of 503 So. 2d 453 (Hudson v. Wekiva Golf Club) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hudson v. Wekiva Golf Club, 503 So. 2d 453, 12 Fla. L. Weekly 712, 1987 Fla. App. LEXIS 7157 (Fla. Ct. App. 1987).

Pincite

Opinion

PER CURIAM.

The order of the deputy commissioner denying that the claimant sustained a com-pensable accident, on the ground that the injury was occasioned primarily by claimant’s intoxication, pursuant to Section 440.-09(3), Florida Statutes, is supported by competent, substantial evidence and it is affirmed. Although we do not disapprove the deputy’s acceptance of the results of the blood alcohol test taken by the claimant as admissible evidence, we strongly urge the Division of Workers’ Compensation to consider adopting appropriate rules which provide uniform breath and blood alcohol testing procedures, consistent with the procedures approved by the Department of Health and Rehabilitative Services. See Fla.Admin.Code Rule 10D-42.21.

AFFIRMED.

ERVIN, SHIVERS and ZEHMER, JJ., concur.

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PER CURIAM.

The order of the deputy commissioner denying that the claimant sustained a com-pensable accident, on the ground that the injury was occasioned primarily by claimant’s intoxication, pursuant to Section 440.-09(3), Florida Statutes, is supported by competent, substantial evidence and it is affirmed. Although we do not disapprove the deputy’s acceptance of the results of the blood alcohol test taken by the claimant as admissible evidence, we strongly urge the Division of Workers’ Compensation to consider adopting appropriate rules which provide uniform breath and blood alcohol testing procedures, consistent with the procedures approved by the Department of Health and Rehabilitative Services. See Fla.Admin.Code Rule 10D-42.21.

AFFIRMED.

ERVIN, SHIVERS and ZEHMER, JJ., concur.

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Bluebook (online)

503 So. 2d 453, 12 Fla. L. Weekly 712, 1987 Fla. App. LEXIS 7157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hudson-v-wekiva-golf-club-fladistctapp-1987.