Escobar v. Economy Awning Co.

WENTWORTH, Judge.

Claimant appeals a workers’ compensation order by which it was determined that she did not sustain injury by an accident in the course and scope of her employment, and her claim for compensation benefits was denied. In reaching this conclusion the judge expressly “overruled” a prior order determining that claimant did sustain a compensable “injury by accident.” We find that it was error to so modify the prior order without applying the necessary standards for modification under section 440.28, Florida Statutes, and we therefore reverse the order appealed.

Claimant’s injury was…