Muir v. Charlotte County School Board
Muir v. Charlotte County School Board
Opinion of the Court
Because there is competent, substantial evidence in the record to support the judge’s findings, we affirm the order as to all four points raised. In so doing, we consider the facts in Luttrell v. Roger Holler Chevrolet, 625 So.2d 921 (Fla. 1st DCA 1993), distinguishable from those at bar.
Unlike Luttrell, the judge of compensation claims below had before him medical evidence disclosing that the abnormal findings on the CT scan were attributable to claimant’s preexisting back condition; that his
In Luttrell, we quoted with approval the causation principles applicable to a determination of whether a compensation award should be subject to apportionment, one of which is that if a preexisting condition causes disability as a result of the normal progression of a prior condition and would exist even in the absence of the accident, apportionment would be proper. In applying the same rules to a successive-injury case, we commented that, under circumstances similar to those at bar, competent, substantial evidence might support a determination that a claimant had suffered only a temporary exacerbation, rather than an aggravation of the condition. Id. at 924-25 (citing Evans v. Florida Indus. Comm’n, 196 So.2d 748, 752 (Fla. 1967)).
Given these distinguishing facts, Luttrell does not compel reversal.
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.