Florida District Courts of Appeal, 1984

Hopkins v. Diversified Steel Services

Florida District Courts of Appeal · Decided June 26, 1984 · Mills, Shivers, Wigginton

452 So. 2d 144; 1984 Fla. App. LEXIS 13740 (Southern Reporter, Second Series)

Opinion of the Court

MILLS, Judge.

We affirm the deputy commissioner’s order finding Hopkins’ injuries noncompensa-ble. Competent and substantial evidence supports the finding that he is not entitled to compensation because his injuries were occasioned primarily by his intoxication or because he was the aggressor in a fight. In either case, Section 440.09(3), Florida Statutes (1983) precludes compensation.

AFFIRMED.

SHIVERS and WIGGINTON, JJ., concur.

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