ECHELBARGER v. CARPENTER COMPANY, 1D03-5100.

• Citation: 892 So.2d 531
• Decision Date: 30 December 2004
• Docket Number: No. 1D03-5100.,1D03-5100.
• Parties: William ECHELBARGER, Appellant, v. CARPENTER COMPANY and Kemper Insurance, Appellees.
• Court: Court of Appeal of Florida (US)

892 So.2d 531

William ECHELBARGER, Appellant, v. CARPENTER COMPANY and Kemper Insurance, Appellees.

No. 1D03-5100.

District Court of Appeal of Florida, First District.

December 30, 2004.

Rehearing Denied February 4, 2005.

David Dismuke, Lakeland; and Bill McCabe of Shepherd, McCabe & Cooley, Longwood, Attorneys for Appellant.

Gregory D. White of Hurley, Rogner, Miller, Cox, Waranch & Westcott, P.A., Winter Park, Attorney for Appellees.

PER CURIAM.

In this workers' compensation appeal, Claimant argues that the judge of compensation claims (JCC) erred in finding his compensable industrial accident caused only a temporary exacerbation of a previous soft tissue back injury. We agree because, according to the JCC's findings, the accident resulted in a permanent impairment and disability, neither of which existed before the accident. See generally Smith v. Sch. Bd. of Polk County, 647 So.2d 1057, 1058-59 (Fla. 1st DCA 1994)

; Luttrell v. Roger Holler Chevrolet, 625 So.2d 921, 924-25 (Fla. 1st DCA 1993).

REVERSED.

BOOTH, VAN NORTWICK and PADOVANO, JJ., concur.