COVER v. T G & Y STORE NO. 1331

No. SS-342.

405 So.2d 985 (1981)

Alexander L. COVER, Appellant, v. T G & Y STORE # 1331 and Seaboard Fire & Marine Insurance Company, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied July 10, 1981.


Attorney(s) appearing for the Case

William Fisher, III, of Fisher, Bell, Hahn, Winn & Ptomey, Pensacola, for appellant.

J. Nixon Daniel, III, of Beggs & Lane, Pensacola, for appellees.


PER CURIAM.

Claimant appeals the deputy commissioner's order that 25 percent of claimant's permanent, total disability award be reduced because of the natural progression of his pre-existing arthritis. There being no competent, substantial evidence to support apportionment pursuant to Section 440.02(19), Florida Statutes (1973), we reverse.

When appellant injured his right knee in 1974, there was evidence he already suffered from arthritis. Dr. Flynn, his...

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