GEORGE H. AUSTIN, INC. v. GARDNER

No. AR-421.

440 So.2d 35 (1983)

GEORGE H. AUSTIN, INC., and Claims Center, Appellants, v. Obie GARDNER, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied November 30, 1983.


Attorney(s) appearing for the Case

Richard G. Davis of Fowler, White, Gillen, Boggs, Villareal & Banker, Tampa, for appellants.

Dudley Burton, Sanibel, for appellee.


ROBERT P. SMITH, Jr., Judge.

The deputy's order rejecting the employer's intoxication defense, sec. 440.09(3), Fla. Stat. (1981), must be reversed for its error in holding that the presumption afforded the employer by that statute did not arise from the evidence of claimant's blood alcohol content. But because the presence of that presumption may not conclude the factfinder's inquiry, we remand the case for further consideration by the deputy, on the same record....

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