Legal Opinion

Echelbarger v. Carpenter Co.

District Court of Appeal of Florida

Decided December 30, 2004No. 1D03-5100PublishedCited by 1 opinion

1Per curiam

In this workers’ compensation appeal, Claimant argues that the judge of compensation claims (JCC) erred in finding his compensable industrial accident caused only a temporary exacerbation of a previous soft tissue back injury. We agree because, according to the JCC’s findings, the accident resulted in a permanent impairment and disability, neither of which existed before the accident. See generally Smith v. Sch. Bd. of Polk County, 647 So.2d 1057, 1058-59 (Fla. 1st DCA 1994); Luttrell v. Roger Holler Chevrolet, 625 So.2d 921, 924-25 (Fla. 1st DCA 1993).

REVERSED.

BOOTH, VAN NORTWICK and…

2Cases cited2 opinions

  1. Luttrell v. Roger Holler ChevroletDistrict Court of Appeal of Florida · 1993
  2. Smith v. School Board of Polk CountyDistrict Court of Appeal of Florida · 1994

3Cited by1 opinion

  1. Rosenbloom v. RosenbloomDistrict Court of Appeal of Florida · 2005

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