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John Fayard Fast Freight v. Ellis

District Court of Appeal of Florida, First District
Feb 16, 2000
749 So. 2d 1274 (Fla. Dist. Ct. App. 2000)

Opinion

No. 1D99-967.

Opinion filed February 16, 2000.

Appeal from an order of the Judge of Compensation Claims, Michael J. DeMarko, Judge.

Timothy R. Whitney of McConnaughhay, Duffy, Coonrod, Pope Weaver, P.A., Panama City, for Appellants.

John A. Unzicker, Jr., of Vernis Bowling of Northwest Florida, P.A., Pensacola, for Appellee.


Having carefully reviewed the record in this workers' compensation case, we conclude that there is not competent substantial evidence to support the finding of the judge of compensation claims that an injury arising out of and in the course of the deceased employee's employment was the major contributing cause of his cardiac event and resulting death, as required by section 440.09(1)(b), Florida Statutes (1995).See Mangold v. Rainforest Golf Sports Center, 675 So.2d 639 (Fla. 1st DCA 1996). Accordingly, we are constrained to reverse.

REVERSED.

KAHN, WEBSTER and PADOVANO, JJ., CONCUR.


Summaries of

John Fayard Fast Freight v. Ellis

District Court of Appeal of Florida, First District
Feb 16, 2000
749 So. 2d 1274 (Fla. Dist. Ct. App. 2000)
Case details for

John Fayard Fast Freight v. Ellis

Case Details

Full title:JOHN FAYARD FAST FREIGHT and HEWITT, COLEMAN ASSOC., INC., Appellants, v…

Court:District Court of Appeal of Florida, First District

Date published: Feb 16, 2000

Citations

749 So. 2d 1274 (Fla. Dist. Ct. App. 2000)