THOMAS v. BIRCHEAT

No. 1D08-4503.

16 So.3d 198 (2009)

Samuel THOMAS, Appellant, v. Edd BIRCHEAT and Labor Finders and ACE-USA, Appellees.

District Court of Appeal of Florida, First District.

August 6, 2009.


Attorney(s) appearing for the Case

Laurie Thrower Miles of Smith, Feddeler, Smith & Miles, P.A., Lakeland, Susan W. Fox of Fox & Loquasto, P.A., Tampa, and Wendy S. Loquasto of Fox & Loquasto, P.A., Tallahassee, for Appellant.

Charles E. Bentley of Boswell & Dunlap, LLP, Bartow, for Appellee Edd Bircheat; Tracy M. Henry of Hinshaw & Culbertson LLP, Tampa, for Appellees Labor Finders and Ace-USA.


PER CURIAM.

Claimant appeals an order of the Judge of Compensation Claims (JCC) determining he did not sustain an injury arising out of work performed within the course and scope of his employment, and the injury was occasioned primarily by his intoxication. We affirm.

Claimant, a carpenter, argued he slipped and fell on a pile of lumber, injuring his head, back, and neck while working for the Employer, Edd Bircheat. Claimant's coworker and supervisor testified...

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