Tejada v. Collection Chevrolet, Inc.
District Court of Appeal of Florida
1Opinion of the Court
WIGGINTON, Judge.
Appellant appeals and employer/carrier cross-appeal the JCC’s order awarding workers’ compensation benefits to appellant but apportioning 50 percent of those benefits on the basis of appellant’s preexisting arteriosclerosis condition. We reverse as to the points raised on appeal and affirm the points raised on cross-appeal.
On the apportionment issue, as the JCC found, the evidence showed that appellant had a preexisting, non-disabling and asymptomatic arteriosclerosis condition at the time of the occurrence of his com-pensable heart attack on July 21, 1988. As fully explained…
2Cases cited2 opinions
- Evans v. Florida Industrial CommissionSupreme Court of Florida · 1967
- ESCAMBIA CTY. COUNCIL v. GoldsmithDistrict Court of Appeal of Florida · 1986
3Cited by2 opinions
- Eaton v. City of Winter HavenDistrict Court of Appeal of Florida · 2012
- Murphy v. Northeast DrywallDistrict Court of Appeal of Florida · 1997