Keener Construction Co. v. Simpson

WOLF, Judge.

Keener Construction Company and Cincinnati Insurance Company, the employer and carrier (E/C), appeal from an order of the judge of compensation claims (JCC) which awarded death benefits to the spouse of Johnnie L. Simpson (employee). The E/C raises two issues: (1) Whether the JCC erred in finding a causal relationship between the employee’s death from lung cancer and a compensable occupational disease, and (2) whether the JCC erred in applying section 440.26, Florida Statutes (1989), in a case involving occupational disease. We find merit in both points on appeal and reverse the…