Schwarz v. SouthEast Personnel Leasing / Packard
JCC Hill (West Palm Beach) (Bill Rogner) (12-18-2025) – All claims denied and dismissed. The JCC found the claimant’s injuries from the May 22, 2025 accident were primarily occasioned by his intoxication from marijuana use, which he admitted to prior to and on the day of the incident. The claimant’s testimony that he was instructed to remove a dead palm tree by climbing it was contradicted by multiple witnesses who confirmed he was expressly told not to climb it. The claimant’s affirmative defenses of acquiescence were also rejected as he failed to prove that the employer had actual knowledge and expressly acquiesced to his presence at work under the influence. As a result, all claims were denied. Click here to view Order