Board Certified Workers’ Compensation Partner, Blake Hood discusses compensability in workers’ compensation claims in the article “A Cautionary Note: Unexplained Falls at Work” on Sterling Educational Services Legal Education Blog.
The starting point for all claims under Florida’s Workers’ Compensation Act is addressing the issue of compensability. For a claim to be compensable the accidental injury must have occurred in the course and scope employment and the work must be the major contributing cause of the accident or injury.
Injuries resulting from unexplained falls, or any unexplained accident for that matter, raise the question of who bears the burden of proof regarding compensability. In a line of recent cases lead by Caputo v. ABC Fine Wine & Spirits, 93 So. 3d 1097 (Fla. 1st DCA 2012), rehearing denied (Aug. 14, 2012), the First District Court of Appeal has provided useful guidance in analyzing these cases.
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