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Does workers’ compensation cover a slip and fall at work?

Posted by attorney Julie Kurtz

Valerie Walker v. Broadview Assisted Living and Chartis Claims, Inc.–First District Court of Appeals

Valerie Walker, a receptionist, slipped and fell at her place of employment while returning to her desk at work. She sustained a torn rotator cuff as a result of the fall and had no history of shoulder problems prior to the incident. The accident occurred while she was on the clock.

The Judge of Compensation Claims (JCC) reviewed Ms. Walker’s case and determined that she had no preexisting condition that contributed to the fall, nor did her fall arise primarily from her work duties. Based on this determination, the JCC denied her claim for workers’ compensation benefits.

Upon review, the First District Court of Appeals found that Ms. Walker was indeed engaged in work activity when she suffered the fall on her employer’s premises. Because no preexisting condition contributed to the fall, the Court ruled that her work activity was the major contributor to her on-the-job accident.

Based on this finding, the Court reversed the JCC’s denial of compensation and remanded for further proceedings.

Denial of your workers’ compensation claim by the JCC for an injury suffered at work or as a result of your duties at work is not a final opinion. You have the right to appeal the decision of the JCC. If you’ve been injured at work, contact Canan Law immediately to make sure that you receive the fair compensation guaranteed to you by Florida law.

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