BYSCZYNSKI v. UNITED PARCEL SERVICES, INC.

No. 1D10-2753.

53 So.3d 328 (2010)

Francis BYSCZYNSKI, Appellant, v. UNITED PARCEL SERVICES, INC. and Liberty Mutual Insurance Company, Appellees.

District Court of Appeal of Florida, First District.

December 28, 2010.


Attorney(s) appearing for the Case

Mark L. Zientz of the Law Offices of Mark L. Zientz, P.A., Miami, for Appellant.

Tara L. Sa'id of the Law Offices of Amy L. Warpinski, Jacksonville, for Appellees.


PER CURIAM.

In this workers' compensation appeal, Claimant seeks review of an order of the Judge of Compensation Claims (JCC) that denies authorization of a cervical spine fusion. We reverse and remand for entry of an order authorizing the surgery because all of the medical evidence established that the need for the surgery was brought about solely by occupational injuries and, thus, the JCC erred in applying the major contributing cause standard in section 440.09...

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