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ECHELBARGER v. CARPENTER COMPANY

No. 1D03-5100.

892 So.2d 531 (2004)

William ECHELBARGER, Appellant, v. CARPENTER COMPANY and Kemper Insurance, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied February 4, 2005.

Attorney(s) appearing for the Case

David Dismuke, Lakeland; and Bill McCabe of Shepherd, McCabe & Cooley, Longwood, Attorneys for Appellant.

Gregory D. White of Hurley, Rogner, Miller, Cox, Waranch & Westcott, P.A., Winter Park, Attorney for Appellees.

PER CURIAM.

In this workers' compensation appeal, Claimant argues that the judge of compensation claims (JCC) erred in finding his compensable industrial accident caused only a temporary exacerbation of a previous soft tissue back injury. We agree because, according to the JCC's findings, the accident resulted in a permanent impairment and disability, neither of which existed before the accident. See generally Smith v. Sch. Bd. of Polk County,

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