Florida District Courts of Appeal, 2004

Echelbarger v. Carpenter Co.

Echelbarger v. Carpenter Co.
Florida District Courts of Appeal · Decided December 30, 2004 · Booth, Nortwick, Padovano
892 So. 2d 531; 2004 Fla. App. LEXIS 20238; 2004 WL 3015224 (Southern Reporter, Second Series)

Echelbarger v. Carpenter Co.

Opinion of the Court

PER 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 PADOVANO, JJ., concur.

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