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Brown v. Justin C. Johnson

District Court of Appeal of Florida, First District
Sep 13, 2006
937 So. 2d 780 (Fla. Dist. Ct. App. 2006)

Summary

determining whether the claimant's activity was within the "course and scope of his employment"

Summary of this case from Malichi v. Archdiocese of Miami

Opinion

No. 1D05-3608.

September 13, 2006.

An appeal from an order of the Judge of Compensation Claims. Ellen H. Lorenzen, Judge.

Byron E. Townsend, Tampa, and Bill McCabe, Longwood, for Appellant/Cross-Appellee.

Ivan Matusek, and Raymond O. Burger of Matusek, McKnight, Poluse Cangro, P.A., St. Petersburg, for Appellees/Cross-Appellants.


In this workers' compensation case, claimant appeals, and the employer and servicing agent cross-appeal, the final merits order entered by the judge of compensation claims, which denied the petitions for benefits in their entirety based on the finding that claimant had failed to prove that his injuries were sustained within the course and scope of his employment. Our review of the record satisfies us that the judge followed the applicable law, including Suniland Toys Juvenile Furniture, Inc. v. Karns, 148 So.2d 523 (Fla. 1963), and that her findings as to that issue are supported by competent, substantial evidence. Because we conclude that the determination regarding course and scope of employment does not constitute error, it is unnecessary for us to address claimant's remaining issues or the issues raised by the cross-appeal.

AFFIRMED.

WEBSTER, BROWNING and HAWKES, JJ., concur.


Summaries of

Brown v. Justin C. Johnson

District Court of Appeal of Florida, First District
Sep 13, 2006
937 So. 2d 780 (Fla. Dist. Ct. App. 2006)

determining whether the claimant's activity was within the "course and scope of his employment"

Summary of this case from Malichi v. Archdiocese of Miami
Case details for

Brown v. Justin C. Johnson

Case Details

Full title:Joel R. BROWN, Appellant/Cross-Appellee, v. JUSTIN C. JOHNSON ASSOCIATES…

Court:District Court of Appeal of Florida, First District

Date published: Sep 13, 2006

Citations

937 So. 2d 780 (Fla. Dist. Ct. App. 2006)

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