BOOHER v. PERKINS RESTAURANT & BAKERY/RISK MANAGEMENT LTD.

No. 1D08-5083.

11 So.3d 1008 (2009)

Joyce BOOHER, Appellant, v. PERKINS RESTAURANT & BAKERY/RISK MANAGEMENT LTD., Agent for Zurich Insurance, Appellees.

District Court of Appeal of Florida, First District.

July 8, 2009.


Attorney(s) appearing for the Case

Brian O. Sutter, Port Charlotte, and Bill McCabe, Longwood, for Appellant.

Don W. Allen of The Allen Law Firm, Oviedo, for Appellees.


PER CURIAM.

Claimant appeals an order of the Judge of Compensation Claims (JCC) finding, in part, that the major contributing cause (MCC) of her need for surgery was not the workplace accident. We reverse and remand this case for further proceedings.

A JCC errs in determining an issue not before him. E.g., Reynolds v. Skagfield Corp., 887 So.2d 434, 435 (Fla. 1st DCA 2004). Claims that have not gone through the mediation...

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