Lopez v. All Star Investigations, Inc./Travelers, 128 So. 3d 265 (Fla. 1st DCA 2013)

The claimant was involved in an unrelated accident in which he injured his left knee three days prior to the work accident. The E/C defended based on idiopathic condition. The E/C argued that the work accident was caused by an idiopathic condition (left knee). It was undisputed that the claimant was engaged in work activities at the time of the work accident. At trial, the JCC found that the claimant was not credible in regard to the mechanism of his work accident. The Court held that the JCC must still determine whether the work accident was caused by a pre-existing condition, since “if there is no pre-existing condition that contributed to the accident or injury, and the accident occurred while the claimant was engaged in work activities, then the claimant has established occupational causation”.