Lias v. Anderson & Shah Roofing, Inc.
Lias v. Anderson & Shah Roofing, Inc.
Opinion of the Court
Appellant fell from a ladder while working on a roof and was hospitalized. A test
This Court’s instructions to the JCC limited the remand’s scope to considering the Employer/Carrier’s burden of proof to demonstrate that Appellant’s use of a metabolite of cocaine caused the injury. This express restriction limited the JCC’s discretion to reconsider other aspects of the case. See Turner v. Rinker Materials, 622 So.2d 80, 83 (Fla. 1st DCA 1993). Therefore, on remand the JCC was confined to determining if Appellant’s injury was occasioned primarily by the influence of a metabolite of cocaine, and the JCC was not at liberty to determine that Appellant’s accident did not occur within the course and scope of his employment.
Because the JCC deviated from this court’s mandate in Lias, the final order is reversed and the case remanded. On remand, the JCC, without the taking of further testimony, shall determine whether the work-related injury was occasioned primarily by the influence of drugs pursuant to § 440.09(3), solely, and, if not, the JCC shall enter an order determining com-pensability and award medical bills, if any, that are compensable.
REVERSED AND REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.