J & J BAKER ENTERPRISES v. GAYLORD

No. 93-67.

676 So.2d 67 (1996)

J & J BAKER ENTERPRISES and Alexsis, Inc., Appellants, v. Brian GAYLORD, Appellee.

District Court of Appeal of Florida, First District.

July 9, 1996.


Attorney(s) appearing for the Case

Robert W. Bleakley of Boehm, Brown, Rigdon, Seacrest & Fischer, P.A., Lakeland, for Appellants.

Barry M. Salzman of Chambers, Salzman & Bannon, P.A., St. Petersburg, for Appellee.


PER CURIAM.

In this workers' compensation case, the employer/carrier (e/c) challenge an order of the Judge of Compensation Claims (JCC) awarding benefits to the claimant. Specifically, the e/c argue that the JCC erred in rejecting their defense which was based upon the intoxication presumption in section 440.09(3), Florida Statutes (1991).1 We agree with the e/c that the presumption should have been applied, and reverse.

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