CAPUTO v. ABC FINE WINE & SPIRITS

No. 1D11-4962.

93 So.3d 1097 (2012)

Michael CAPUTO, Appellant, v. ABC FINE WINE & SPIRITS/Alternative Service Concepts, Inc., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied August 14, 2012.


Attorney(s) appearing for the Case

Bill McCabe , Longwood, and Steven Pyle , Maitland, for Appellant.

Brian T. Hanley , Winter Park, for Appellees.


PER CURIAM.

In this workers' compensation case, Claimant suffered a closed-head injury while engaged in the duties of his job on the premises of his Employer. The Judge of Compensation Claims (JCC) ruled that the injury was idiopathic and not compensable because Claimant failed to prove that his employment involved an exertion greater than that performed during his daily life. Because the JCC applied the wrong test for determining compensability, we reverse.

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