Herrera v. Atlantic Interior Construction

In this workers’ compensation case, the claimant seeks review of an order denying a request for authorization of bilateral hip replacements. The judge of compensation claims found that the hip replacements were necessitated by bilateral avascular necrosis, which “was caused, at least in part, by the habitual use of alcohol.” He then applied section 440.02(1), Florida Statutes (1995), which, in pertinent part, *588provides that “disability or death due to the accidental acceleration or aggravation ... of a disease due to the habitual use of alcohol ... is not an injury by accident arising out of…