KAHN, Judge.
We affirm the order of the Judge of Compensation Claims (JCC), and briefly comment on two points raised by the employee/claimant.
Claimant first argues that the JCC erred by denying compensability in reliance upon section 440.09(1), Florida Statutes (Supp.1994), for this accident which occurred on May 1, 1994. Claimant reasons that section 440.09(1) establishes an affirmative defense and urges that such defense was not articulated by the employer...
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