Florida District Courts of Appeal, 1980

Public Gas Co. v. Smith

Florida District Courts of Appeal · Decided August 4, 1980 · Melvin, Shivers, Smith

386 So. 2d 258; 1980 Fla. App. LEXIS 17226 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

U.S. Home Corp. v. MacDonald (Fla. Dist. Ct. App. 1984)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

ROBERT P. SMITH, Jr., Judge.

Considering that the employment application inquiry, “list any physical defects,” could reasonably have been interpreted by the applicant to inquire about “defects” existing and symptomatic at the time of the inquiry, a negative answer, in spite of the applicant’s possible knowledge of an abnormal back x-ray taken several years earlier, is not necessarily to be interpreted as a false application for employment, defeating workers’ compensation benefits. Seen in this light, the deputy commissioner’s order is supported by substantial competent evidence, and it is

AFFIRMED.

SHIVERS, J., and WOODROW M. MELVIN, (Retired) Associate Judge, concur.

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