Upson v. Orange County School Board

KAHN, Judge.

In the order before us on review, the Judge of Compensation Claims (JCC) awarded appellant Willie Upson permanent total disability benefits. The finding of permanent and total disability (PTD) has not been challenged on appeal, and is supported by competent substantial evidence in the record. The JCC further determined, however, that 50% of appellant’s PTD benefits would be apportioned out due to a “rapidly advancing degenerative arthritic condition, which has progressively developed, particularly since November of 1992,” and which was not work-related. This apportionment is not…