In Jose F. Caba v. PeopLease, LLC and Next Level Administrators, LLC Claimant was going to the bathroom during a personal comfort break and fell. The E/C found the fall as non-compensable and raised the defense that the fall was idiopathic. The JCC found that even though the claimant was going to the bathroom he was still in the course and scope of employment. The JCC found that the E/C IME opinion was speculative and not credible since the video of the claimant falling clearly showed claimant tripping over an obstacle. The JCC looked to the Valcourt-Williams case which explains the “arising out” of question and found that claimant’s fall was compensable with no showing of any pre-existing condition which contributed to the fall. Compensability, medical, and indemnity benefits GRANTED. E/C appealed and the First DCA AFFIRMED the decision per curium.
