Florida District Courts of Appeal, 2024

Daniel Murphy v. Polk County Board of County Commissioners, and Commercial Risk Management

Daniel Murphy v. Polk County Board of County Commissioners, and Commercial Risk Management
Florida District Courts of Appeal · Decided June 5, 2024

Daniel Murphy v. Polk County Board of County Commissioners, and Commercial Risk Management

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D2023-0638 _____________________________ DANIEL MURPHY, Appellant, v. POLK COUNTY BOARD OF COUNTY COMMISSIONERS, and COMMERCIAL RISK MANAGEMENT, Appellees. _____________________________

On appeal from the Office of the Judges of Compensation Claims.

Brian J. Anthony, Judge.

Date of Accident: July 10, 2015.

June 5, 2024 PER CURIAM.

AFFIRMED. See Checkers Rest. v. Wiethoff, 925 So. 2d 348, 351 (Fla. 1st DCA 2006) (en banc) (“[S]ection 440.20(4) does not preclude the E/C from challenging the claimant’s entitlement to benefits, by contending that the injuries resulting from the industrial accident were not the MCC [major contributing cause] of the claimant’s need for further treatment or surgery.”).

B.L. THOMAS, BILBREY, and TANENBAUM, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Bradley G. Smith of Smith, Feddler & Smith P.A., Lakeland; Thomas Warren Sculco and Shannon McLin of Florida Appeals, Orlando, for Appellant.

Thomas Vecchio of Vecchio, Carrier, Feldman & Johannessen, P.A., Lakeland, for Appellees.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.