WILLIAM ECHELBARGER, APPELLANT,
v.
CARPENTER COMPANY AND KEMPER INSURANCE, APPELLEES
WILLIAM ECHELBARGER, APPELLANT,
CARPENTER COMPANY AND KEMPER INSURANCE, APPELLEES
892 So. 2d 531
Florida District Court of Appeal, First District (2004)
Positive Treatment
Cited by 5 cases
Opinion of the Court
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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- Luttrell v. Chevrolet, 625 So. 2d 921 (Fla. 1st DCA 1993)
- Mollie B. Smith v. Sch. Bd. OF Polk Cnty. anad Alexsis Risk Mgmt., 647 So. 2d 1057 (Fla. 1st DCA 1994)