TOBIAS L. ROLLE, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• European Marble Co. & CNA Ins. v. Robinson, 885 So. 2d 502 (Fla. 1st DCA 2004)
  …urb the finding of the judge of compensation claims that the E/C failed to meet their burden of establishing “by the greater weight of the evidence that claimant’s injury was caused primarily by the use of drugs or alcohol.” See Wright v. DSK Group, 821 So. 2d 455, 456 (Fla. 1st DCA 2002) (holding that where “employer [*507] was not entitled to the ... presumption authorized by section 440.09(7)(b) .... it was obliged to establish, by the greater weight of the evidence, that the work-related injury ‘was occas…
• Lias v. Anderson & Shah Roofing, Inc., 831 So. 2d 1236 (Fla. 1st DCA 2002)
  …efore erroneously applied the rebuttable presumption in section 440.09(7)(b), requiring Claimant to prove by clear and convincing evidence that the influence of drugs did not contribute to his injuries. § 440.09(7)(a) & (b). See Wright v. DSK Group, 821 So. 2d 455, 456 (Fla. 1st DCA 2002); Temporary Labor Source v. E.H., 765 So. 2d 757 (Fla. 1st DCA 2000). Because the JCC incorrectly applied the law by reducing the Employer/Carrier’s burden of proof, we reverse and remand for the JCC to apply the correct bu…
• Thomas v. Edd Bircheat and Labor Finders and Ace-Usa, 16 So. 3d 198 (Fla. 1st DCA 2009)
  …der section 440.09(7)(b), Florida Statutes, does not apply, employer/carriers must “establish, by the greater weight of the evidence, that the work-related injury ‘was occasioned primarily by the intoxication of the employee.’ ” Wright v. DSK Group, 821 So. 2d 455, 456 (Fla. 1st DCA 2002) (quoting section 440.09(3)); see also Sterling, 580 So. 2d at 835 (affirming JCC’s conclusion that, even absent presumption of intoxication, evidence supported finding employee’s injury was primarily caused by his intoxicati…