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EUROPEAN MARBLE CO. v. ROBINSON

No. 1D03-4655.

885 So.2d 502 (2004)

EUROPEAN MARBLE COMPANY and CNA Insurance, Company, Appellants, v. Thomas ROBINSON, Appellee.

District Court of Appeal of Florida, First District.

November 5, 2004.

Attorney(s) appearing for the Case

Jack A. Weiss, of Fowler, White, Boggs, Banker, P.A., St. Petersburg and Edward Duncan, III, of Fowler, White, Boggs, Banker, P.A., Fort Myers, for Appellants.

Lisa Ann Kalo, of Kalo and Verheul, Sarasota and Robert A. LeVine, of Newman, LeVine and Metzler, P.A., Tampa, for Appellee.

PER CURIAM.

The employer/carrier (E/C) appeals an order of the judge of compensation claims (JCC) finding that Thomas Robinson sustained a compensable work-related injury. In affirming the JCC's finding that the work-related injury arose out of and in the course and scope of Mr. Robinson's employment, we also approve her ruling that the E/C was not entitled to a presumption that Mr. Robinson's "injury was occasioned primarily by [his] intoxication," § 440.09...

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