Sarasota County v. Reichert
This text of 413 So. 2d 163 (Sarasota County v. Reichert) 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.
Opinion
SARASOTA COUNTY and R.P. Hewitt & Associates of Florida, Inc., Appellants,
v.
Roger A. REICHERT, Appellee.
District Court of Appeal of Florida, First District.
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.
MILLS, Judge.
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.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
413 So. 2d 163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sarasota-county-v-reichert-fladistctapp-1982.