Flor-A-Crete Industries, Inc. v. Drake

BOOTH, Judge.

This cause is before us on appeal from a workers’ compensation order finding that the claimant’s industrial injury of March 30, 1979, had merged with a preexisting medical condition, resulting in a permanent partial disability of 25 percent based on a loss of wage-earning capacity. The employer/carrier contends that the Deputy Commissioner erred in awarding disability benefits in excess of the six percent of the body as a whole accepted and paid by the employer/carrier, an award based on (1) a finding that merger had occurred, and (2) a denial of apportionment.

Claimant, Bennie…