SARASOTA COUNTY AND R. P. HEWITT & ASSOCIATES OF FLORIDA, INC., APPELLANTS,
v.
ROGER A. REICHERT, APPELLEE

Fla. 1st DCA | 1982-04-29
No. AF-148
LARRY G. SMITH and SHAW, JJ., concur.
413 So. 2d 163 Florida District Court of Appeal, First District (1982) Positive Treatment
Cited by 10 cases
Opinion of the Court
MILLS, Judge.

MILLS, Judge.

The employer/earrier 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.

Cases With Similar Vibessemantic neighbors from the corpus

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  • Structural Sys., Inc. v. Worthen, 463 So. 2d 502 (Fla. 1st DCA 1985)
    …ave held that apportionment should be denied in those instances in which an industrial accident occurs, causing disablement if, at the time of the injury, the preexisting condition was asymptomatic and non-disabling. See Sarasota County v. Reichert, 413 So. 2d 163 (Fla. 1st DCA 1982); Barile Excavation and Pipeline Sewer Improvement v. Hough, 417 So. 2d 843 (Fla. 1st DCA 1982). The mere fact, however, that a preexisting condition is non-disabling at the time of a later accident is not itself conclusive on the…
  • Escambia Cnty. Council ON Aging & Auto-Owners Ins. Co. v. Goldsmith, 465 So. 2d 655 (Fla. 1st DCA 1985)
    …progress is doing so at the time permanent disability is determined and an award is made. He further argues that the following cases of this Court have consistently and uniformly applied the criteria set forth in Evans: Sarasota County v. Reichert, 413 So. 2d 163 (Fla. 1st DCA 1982); Caruso v. Crown Liquors, Inc., 379 So. 2d 1317 (Fla. 1st DCA 1980); Dade County School Board v. Walker, 379 So. 2d 1026 (Fla. 1st DCA 1980); Boca Raton Sprinkler v. Andrews, 416 So. 2d 846 (Fla. 1st DCA 1982); Barile Excavation…
  • Luttrell v. Chevrolet, 625 So. 2d 921 (Fla. 1st DCA 1993)
    …improper to apportion out of the award a preexisting condition. See Holloway v. Curcie Bros., Inc., 203 So. 2d 499 (Fla.1967); Barile Excavation & Pipeline Sewer Improvement v. Hough, 417 So. 2d 843 (Fla. 1st DCA 1982); Sarasota County v. Reichert, 413 So. 2d 163 (Fla. 1st DCA 1982). In applying the Evans causation principles to a case not involving apportionment, this court, in Delgado v. Blanco & Sons Catering, 606 So. 2d 658 (Fla. 1st DCA 1992), reversed an order denying a claim for surgical repair of a…

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