Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Cummins v. Walt Disney World Co.
Citations: 693 So. 2d 129; 1997 Fla. App. LEXIS 5380; 1997 WL 240931Docket: No. 96-2197
Court: District Court of Appeal of Florida; May 13, 1997; Florida; State Appellate Court
In this workers' compensation case, Delbert Cummins was awarded permanent total disability benefits, but the judge of compensation claims (JCC) apportioned 75% of the award due to Cummins’ preexisting psychopathological disability. The court upheld the JCC's decision on the appropriateness of apportionment but found an error in the calculation of the apportionment amount. Cummins’ disability included both psychiatric and physical components. The JCC assessed a five percent permanent partial impairment from orthopedic conditions and an eight percent from neurological impairments, both of which were not preexisting. For the psychiatric condition, the JCC assigned a ten percent permanent partial impairment according to the American Medical Association Guidelines. Dr. Guidera testified that 60% of the psychiatric issues stemmed from industrial accidents, while 40% related to a preexisting schizoid personality. Conversely, Dr. Gutman, who conducted an independent medical evaluation, stated that the psychiatric condition was unrelated to the accidents. The JCC deemed neither psychiatrist's assessment as entirely correct, concluding that the employer/carrier should cover only 25% of the total benefits. However, the appellate court found insufficient record support for the specified apportionment percentages, leading to a remand for further proceedings to ensure a fair outcome for both parties. The cross-appeal raised no errors. The decision was affirmed in part, vacated in part, and remanded for additional proceedings. Judges Barfield, Kahn, and Davis concurred.