Florida District Courts of Appeal, 2001

Pasco County School Board v. Angle

Florida District Courts of Appeal · Decided September 11, 2001 · Ervin, Kahn, Polston

795 So. 2d 178; 2001 Fla. App. LEXIS 12841; 2001 WL 1035955 (Southern Reporter, Second Series)

Opinion of the Court

ON MOTION FOR REHEARING

POLSTON, J.

Appellants’ Motion for Rehearing is granted. This court’s opinion dated July 10, 2001 is withdrawn and the opinion below is substituted therefor.

Appellants contend . that, pursuant to section 440.09(4)1, Florida Statutes, the claimant is not entitled to compensation or benefits because he intentionally and knowingly provided incomplete or misleading testimony under oath regarding his physical activities. However, the Judge of Compensation Claims (“JCC”) found that the claimant did not knowingly or intentionally provide misleading information, and this finding is supported by competent substantial evidence.

The JCC’s finding relating to the claimant’s impairment rating is also supported by competent substantial evidence.

AFFIRMED.

ERVIN and KAHN, JJ., concur.

. The 1998 amendment to section 440.09(4) is procedural rather than substantive, and is therefore retroactively applied to the petition for benefits. Russell Corporation v. Jacobs, 782 So.2d 404 (Fla. 1st DCA 2001).

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