STATE, DIV. OF HOTELS/RESTAURANTS v. COLE

No. 94-3909.

664 So.2d 291 (1995)

STATE of Florida, DIVISION OF HOTELS/RESTAURANTS and Division of Risk Management, Appellants, v. Chester J. COLE, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied December 20, 1995.


Attorney(s) appearing for the Case

David A. McCranie, P.A., Jacksonville, for appellants.

Mark A. Zimmerman of James, Zimmerman & Paul, DeLand, for appellee.


KAHN, Judge.

The judge of compensation claims (JCC) found appellee Chester Cole's heart attack to have been suffered in the scope and course of his employment with appellant. Because the JCC failed to apply the well-established test of legal causation, we reverse.

Claimant, Chester Cole, is a 47-year-old man who, at the time of his heart attack, had been employed since 1988 by the Department of Business Regulation, Division of Hotels and Restaurants, as a...

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