Angela Alvero v. Watermark Retirement Communities and Strategic Comp Services

In Angela Alvero v. Watermark Retirement Communities and Strategic Comp Services the Claimant fell as she was leaving the break room. Claimant states that she does not know how she fell or why she fell. The question is whether the accident arose out of employment. The Claimant failed to show that the fall arose out of employment and the E/C failed to show that the fall was the result of a preexisting injury. The JCC looked to the opinion in Caputo v. ABC Fine Wine & Spirits where the claim would be compensable and looked to Sedgwick CMS v. Valcourt-Williams where the claim was not compensable. The JCC followed Valcourt-Williams since it was more recently decided and concluded the accident was not compensable. Compensability DENIED.

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