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MARKET FOOD DISTRIB., INC v. LEVENSON

No. QQ-150.

383 So.2d 726 (1980)

MARKET FOOD DISTRIBUTORS, INC. and Travelers Insurance Company, Appellants, v. Harold LEVENSON, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied June 6, 1980.

Attorney(s) appearing for the Case

H. George Kagan of Miller & Hodges, Miami, for appellants.

Albert E. Harum, Jr. of Harum & Harum, Coral Gables, for appellee.

ERVIN, Judge.

Market Food Distributors, the employer/carrier, appeals the judge of industrial claims' finding that claimant Levenson injured his back "by accident arising out of ... employment", when he bent over to pull out a 20-30 pound desk drawer. We reverse. The absence of any evidence that Levenson's employment contributed to the risk or aggravated his condition is the fatal flaw to his claim for compensation.

...

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