Duval County School Board v. Golly
District Court of Appeal of Florida
1DissentErvin, J.
It is unclear from the majority’s opinion whether it has concluded that the legislatures enactment of the major-contributing-cause (MCC) statutes has repealed the increased-hazard doctrine, recognized in this jurisdiction for 60 years. If the doctrine remains viable, I see no reason to remand for the judge of compensation claims (JCC) to determine whether the conditions of employment (here, a concrete walkway) created an increased risk to claimant. Remand for such purpose in Hernando County School Board v. Dokoupil, 667 So.2d 275 (Fla. 1st DCA 1995), was altogether appropriate in that, unlike…
2Cases cited11 opinions
- Protectu Awning Shutter Co. v. ClineSupreme Court of Florida · 1944
- Foxworth v. Florida Industrial CommissionSupreme Court of Florida · 1955
- Closet Maid v. SykesDistrict Court of Appeal of Florida · 2000
- Chavarria v. Selugal Clothing, Inc.District Court of Appeal of Florida · 2003
- MARKET FOOD DISTRIB., INC v. LevensonDistrict Court of Appeal of Florida · 1980
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