Opinion
No. 1D03-5100.
December 30, 2004. Rehearing Denied February 4, 2005.
An appeal from a final order from the Judge of Compensation Claims. Mark H. Hofstad, Judge.
David Dismuke, Lakeland; and Bill McCabe of Shepherd, McCabe Cooley, Longwood, Attorneys for Appellant.
Gregory D. White of Hurley, Rogner, Miller, Cox, Waranch Westcott, P.A., Winter Park, Attorney for Appellees.
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.