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ROCKHAULERS, INC. v. DAVIS

No. 89-1413.

554 So.2d 654 (1989)

ROCKHAULERS, INC. and Executive Risk Consultants, Inc., Appellants, v. Willie Lee DAVIS, Deceased, and Janet Davis, Widow, Appellee.

District Court of Appeal of Florida, First District.

December 29, 1989.

Attorney(s) appearing for the Case

Richard M. Stoudemire, of Howell, Liles & Milton, P.A., Jacksonville, for appellants.

Hugh M. Davenport, of Davenport & White, Jacksonville Beach, for appellee.

JOANOS, Judge.

Rockhaulers, Inc. and Executive Risk Consultants, Inc. (employer/carrier) appeal a workers' compensation order finding compensability. The issues presented are: (1) whether the order and the record contain sufficient ultimate facts to support a finding that the subject accident arose out of the claimant's employment; and (2) whether the employer/carrier should receive a set-off for moneys received by claimant's dependents from a third-party tortfeasor...

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