J & J Baker Enterprises v. Gaylord

In this workers’ compensation case, the employer/earrier (e/c) challenge an order of the Judge of Compensation Claims (JCC) awarding benefits to the claimant. Specifically, the e/c argue that the JCC erred in rejecting their defense which was based upon the intoxication presumption in section 440.09(3), Florida Statutes (1991).1 We agree with the e/c that the presumption should have been applied, and reverse.

On November 10, 1991, the claimant was injured in a single-vehicle accident when the truck he was driving for the employer overturned. The claimant was taken to the hospital where,…