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HOPKINS v. DIVERSIFIED STEEL SERVICES

No. AW-84.

452 So.2d 144 (1984)

Robert HOPKINS, Appellant, v. DIVERSIFIED STEEL SERVICES, and Aetna Casualty & Surety Company, Appellees.

District Court of Appeal of Florida, First District.

June 26, 1984.

Attorney(s) appearing for the Case

Anthony J. Beisler, III, Fort Lauderdale, for appellant.

Steven Kronenberg, Adams, Kelley & Kronenberg, Miami, for appellees.

MILLS, Judge.

We affirm the deputy commissioner's order finding Hopkins' injuries noncompensable. Competent and substantial evidence supports the finding that he is not entitled to compensation because his injuries were occasioned primarily by his intoxication or because he was the aggressor in a fight. In either case, Section 440.09(3), Florida Statutes (1983) precludes compensation.

AFFIRMED.

SHIVERS and WIGGINTON...

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