Opinion

Daniel Murphy v. Polk County Board of County Commissioners, and Commercial Risk Management

Court
District Court of Appeal of Florida
Filed
Jun 5, 2024
Status
Published
Cited by
0 cases
Authority
More cited than 16.3%

The opinion

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D2023-0638

_____________________________

DANIEL MURPHY,

Appellant,

v.

POLK COUNTY BOARD OF COUNTY

COMMISSIONERS, and

COMMERCIAL RISK

MANAGEMENT,

Appellees.

_____________________________

On appeal from the Office of the Judges of Compensation Claims.

Brian J. Anthony, Judge.

Date of Accident: July 10, 2015.

June 5, 2024

PER CURIAM.

AFFIRMED. See Checkers Rest. v. Wiethoff, 925 So. 2d 348, 351

(Fla. 1st DCA 2006) (en banc) (“[S]ection 440.20(4) does not

preclude the E/C from challenging the claimant’s entitlement to

benefits, by contending that the injuries resulting from the

industrial accident were not the MCC [major contributing cause]

of the claimant’s need for further treatment or surgery.”).

B.L. THOMAS, BILBREY, and TANENBAUM, JJ., concur.

_____________________________

Not final until disposition of any timely and

authorized motion under Fla. R. App. P. 9.330 or

9.331.

_____________________________

Bradley G. Smith of Smith, Feddler & Smith P.A., Lakeland;

Thomas Warren Sculco and Shannon McLin of Florida Appeals,

Orlando, for Appellant.

Thomas Vecchio of Vecchio, Carrier, Feldman & Johannessen,

P.A., Lakeland, for Appellees.

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.