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488 So. 2d 872

488 So.2d 872

11 Fla.L.Weekly 1103

Henna v. SEC, Inc.

District Court of Appeal of Florida · decided 1986-05-13

Relies on 196 So. 2d 748 - Evans v. Florida Industrial Commission

Decided 1986-05-13

BARFIELD, Judge.

¶1In 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).

¶2This 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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