Meyers v. Truly Nolen Pest Control / Broadspire
JCC Clark (Ft. Myers) (Scott Miller)(4-13-22) – Denied compensability of claimant’s accident finding the accident did not arise out of the claimant’s employment. While there were various “inconsistent, incomplete and…confusing” descriptions of the claimant’s accident in the medical records, the JCC accepted the description of accident the claimant provided at deposition and at final hearing, which was that he injured his low back while standing up from the kneeling position after baiting a rat trap. It was not in dispute claimant suffered from pre-existing lumbar degenerative disc disease. In relying on the 1st DCA’s recent Silberberg decision, the JCC found the claimant’s accident not compensable since the claimant suffered from an idiopathic low back condition and there was no evidence the claimant’s employment presented an increased hazard that contributed to the on-the-job injury. Click here to view Order