NEWICK v. WEBSTER TRAINING CENTER

No. 1D11-2091.

78 So.3d 108 (2012)

Casey NEWICK, Appellant, v. WEBSTER TRAINING CENTER and Zenith Insurance Company, Appellees.

District Court of Appeal of Florida, First District.

January 30, 2012.


Attorney(s) appearing for the Case

Barbara L. Richard of Daniel L. Hightower, P.A., Ocala, for Appellant.

William H. Rogner of Hurley, Rogner, Miller, Cox, Waranch & Westcott, P.A., Winter Park, for Appellees.


DAVIS, J.

Claimant, Casey Newick, appeals a Final Compensation Order in which the judge of compensation claims ("JCC") concluded that the employer/carrier ("E/C") was entitled to avail itself of the apportionment defense provided for in section 440.15(5)(b), Florida Statutes. Claimant contends that the JCC erred as a matter of law in apportioning the benefits because Claimant's preexisting condition resulted from occupational injuries. Because the prior occupational...

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