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Eisenhower Const. Co. v. Berg

District Court of Appeal of Florida, First District
Nov 23, 1981
406 So. 2d 85 (Fla. Dist. Ct. App. 1981)

Opinion

No. AB-124.

November 23, 1981.

Appeal from the Deputy Commissioner.

Bernard J. Zimmerman and William G. Berzak of Akerman, Senterfitt Eidson, Orlando, for appellants.

Donna L. Bergh of Walker, Buckmaster, Miller Ketcham, P.A., Orlando, for appellee.


The employer and carrier appeal a deputy commissioner's order finding a causal connection between claimant's neck and back injury by industrial accident in January 1980 and claimant's collapse while mowing his lawn at home in mid-July, resulting in the medical expenses for which this claim was made. Though claimant's back hurt as he revived and during his hospitalization, there is no substantial competent evidence that claimant's collapse was an effect of his January industrial injury, and the medical opinion to the contrary was uncontroverted. For this reason it was error to award medical benefits and attorney's fees. We do not reach the other questions presented.

REVERSED.

MILLS and SHIVERS, JJ., concur.


Summaries of

Eisenhower Const. Co. v. Berg

District Court of Appeal of Florida, First District
Nov 23, 1981
406 So. 2d 85 (Fla. Dist. Ct. App. 1981)
Case details for

Eisenhower Const. Co. v. Berg

Case Details

Full title:EISENHOWER CONSTRUCTION CO. AND MARYLAND CASUALTY CO., APPELLANTS, v…

Court:District Court of Appeal of Florida, First District

Date published: Nov 23, 1981

Citations

406 So. 2d 85 (Fla. Dist. Ct. App. 1981)

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