Newick v. Webster Training Center

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 injuries were not deemed compensable due to the actions of Claimant, we reject this argument and affirm the JCC’s order.

As found by the…