ACKER v. CHARLES R. BURKLEW CONST.

No. 94-52.

654 So.2d 1211 (1995)

Howard ACKER, Appellant, v. CHARLES R. BURKLEW CONSTRUCTION and Executive Risk Consultants, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied June 12, 1995.


Attorney(s) appearing for the Case

Angela G. Ferguson of Wooten, Honeywell & Kest, Orlando, Bill McCabe of Shepherd, McCabe & Cooley, Longwood, for appellant.

Paul L. Westcott of Rissman, Weisberg, Barrett, Hurt, Donahue & McLain, P.A., Vero Beach, for appellees.


KAHN, Judge.

Appellant Howard Acker seeks review of a compensation order finding his neck injury to be noncompensable. On April 21, 1992, Mr. Acker, then employed by appellee Burklew as a carpenter at a home construction site, had an onset of neck pain, accompanied by restriction of neck motion and muscle spasm. The evidence in this case is that Acker had preexisting degenerative arthritis in his neck, which had not caused any symptoms or problems prior to April 21...

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