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Henna v. SEC, Inc.

488 So. 2d 872, 11 Fla. L. Weekly 1103, 1986 Fla. App. LEXIS 7781
CourtDistrict Court of Appeal of Florida
DecidedMay 13, 1986
DocketNo. BI-187
StatusPublished

This text of 488 So. 2d 872 (Henna v. SEC, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Henna v. SEC, Inc., 488 So. 2d 872, 11 Fla. L. Weekly 1103, 1986 Fla. App. LEXIS 7781 (Fla. Ct. App. 1986).

Opinion

BARFIELD, Judge.

In this case the claimant was injured in a work-related accident on February 15, 1980 and has now been determined to be permanently totally disabled. Permanent total disability is not contested, but claimant contends the deputy erred in apportioning out of the disability benefits 95% of the award based on a preexisting impairment. We agree. Apportionment in this case is governed by chapter 440, Florida Statutes {1979), and the holding in Evans v. Florida Industrial Commission, 196 So.2d 748 (Fla.1967).

This case is REVERSED and REMANDED to the deputy commissioner for further proceedings consistent with this opinion.

NIMMONS and ZEHMER, JJ., concur.

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Related

Evans v. Florida Industrial Commission
196 So. 2d 748 (Supreme Court of Florida, 1967)

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Bluebook (online)
488 So. 2d 872, 11 Fla. L. Weekly 1103, 1986 Fla. App. LEXIS 7781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henna-v-sec-inc-fladistctapp-1986.