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Sarasota County v. Reichert

District Court of Appeal of Florida, First District
Apr 29, 1982
413 So. 2d 163 (Fla. Dist. Ct. App. 1982)

Opinion

No. AF-148.

April 29, 1982.

John J. O'Riorden of Dickenson, O'Riorden, Gibbons, Quale, Shields Carlton, P.A., Sarasota, for appellants.

Harry G. Goodheart, III, of Harry G. Goodheart, III, P.A., Brandenton, and Wood, Whitsell, Karp, Wellbaum, Miller Seitl, P.A., Sarasota, for appellee.


The employer/carrier appeal from a workers' compensation order awarding claimant permanent total disability benefits. We affirm.

Apportionment is proper only when the pre-existing condition is disabling at the time of the accident or at the time of the award. Caruso v. Crown Liquors, 379 So.2d 1317 (Fla. 1st DCA 1980). There is competent substantial evidence that claimant was not disabled at either time because of a pre-existing condition.

LARRY G. SMITH and SHAW, JJ., concur.


Summaries of

Sarasota County v. Reichert

District Court of Appeal of Florida, First District
Apr 29, 1982
413 So. 2d 163 (Fla. Dist. Ct. App. 1982)
Case details for

Sarasota County v. Reichert

Case Details

Full title:SARASOTA COUNTY AND R.P. HEWITT ASSOCIATES OF FLORIDA, INC., APPELLANTS…

Court:District Court of Appeal of Florida, First District

Date published: Apr 29, 1982

Citations

413 So. 2d 163 (Fla. Dist. Ct. App. 1982)

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