The final hearing of Cynthia R. Churchilll v. DBI Services was a Fort Myers workers’ compensation case concerning a petition for benefits. The employer authorized care for a workplace accident under a 120-day reservation of rights, denying the claim due to the claimant being unable to provide substantial evidence.
The claimant defended that the accident was an “unexpected” event, not a case of exposure. The JCC disagreed with this position since the description of the accident was not the dispute at hand. Medical and scientific evidence as provided by the claimant and their medical expert was based on speculation over fact. Therefore, the claimant failed to prove the connection between their exposure and injuries with substantial evidence, and their petition was denied.
Petition for benefits DENIED/DISMISSED