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Fla. L. Weekly D2424cTop of Form

Workers’
compensation — Apportionment — Judge of compensation claims erred in
apportioning awards of medical benefit and temporary disability benefits —
Evidence was insufficient to satisfy statutory requirements for
employer/carrier’s affirmative defense of apportionment

MICHAEL
BOWMAN, Appellant, v. GOODWILL INDUSTRIES, INC. AND PATRIOT RISK SERVICES,
Appellees. 1st District. Case No. 1D15-5219. Opinion filed October 28, 2016. An
appeal from an order of the Judge of Compensation Claims. Diane B. Beck, Judge.
Date of Accident: April 4, 2014. Counsel: Craig O. Stewart of Morgan &
Morgan, Tampa, and Wendy S. Loquasto of Fox & Loquasto, P.A., Tallahassee,
for Appellant. Daniel J. DeMay of Pallo, Marks, Hernandez, Gechijian &
DeMay, P.A., Sarasota, for Appellees.

(PER
CURIAM.) In this workers’ compensation case, Claimant appeals an order of the
Judge of Compensation Claims to the extent it apportions the award of both a
medical benefit and temporary disability benefits under the apportionment
statute, section 440.15(5)(b), Florida Statutes (2013). We reverse the
apportionment of both the medical and indemnity benefits. The evidence of
record was insufficient to satisfy the statutory requirements for the
Employer/Carrier’s affirmative defense of apportionment.

REVERSED
and REMANDED for entry of order comporting with this opinion. (ROBERTS, C.J.,
WOLF and RAY, JJ., CONCUR.)

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