AF-148 | Fla. Dist. Ct. App. | Apr 29, 1982
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" date_filed="1980-02-14" court="Fla. Dist. Ct. App." case_name="Caruso v. Crown Liquors, Inc.">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.