Narrative Opinion Summary
The claimant sustained injuries in a work-related accident on February 15, 1980, and has been found to be permanently totally disabled. While the determination of permanent total disability is uncontested, the claimant argues that the deputy incorrectly apportioned 95% of the disability benefits due to a preexisting impairment. The court agrees with the claimant's position. Apportionment is governed by Chapter 440 of the Florida Statutes (1979) and the precedent set in Evans v. Florida Industrial Commission, 196 So.2d 748 (Fla. 1967). Consequently, the court reverses the deputy's decision and remands the case for further proceedings in line with this opinion. Judges Nimmons and Zehmer concur with the decision.
Legal Issues Addressed
Apportionment of Disability Benefits under Florida Statutes Chapter 440subscribe to see similar legal issues
Application: The court determined that the apportionment of 95% of the claimant's disability benefits due to a preexisting impairment was incorrect, emphasizing the proper application of Chapter 440 of the Florida Statutes (1979).
Reasoning: The claimant argues that the deputy incorrectly apportioned 95% of the disability benefits due to a preexisting impairment. The court agrees with the claimant's position.
Judicial Reversal and Remandsubscribe to see similar legal issues
Application: The court reversed the deputy's decision on apportionment and remanded the case for further proceedings consistent with the court's opinion.
Reasoning: Consequently, the court reverses the deputy's decision and remands the case for further proceedings in line with this opinion.
Precedent in Apportionment Casessubscribe to see similar legal issues
Application: The decision referenced the precedent set in Evans v. Florida Industrial Commission to guide the proper apportionment of disability benefits.
Reasoning: Apportionment is governed by Chapter 440 of the Florida Statutes (1979) and the precedent set in Evans v. Florida Industrial Commission, 196 So.2d 748 (Fla. 1967).