PUBLIC GAS COMPANY AND RANGER INS. CO., APPELLANTS,
v.
ROBERT E. SMITH, APPELLEE
PUBLIC GAS COMPANY AND RANGER INS. CO., APPELLANTS,
ROBERT E. SMITH, APPELLEE
386 So. 2d 258
Florida District Court of Appeal, First District (1980)
Positive Treatment
Cited by 1 case
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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U.S. Home Corp. v. Winfred A. MacDONALD, 445 So. 2d 636 (Fla. 1st DCA 1984)…injuries and was still receiving moneys as a result of the first two. In addition, by his own testimony, he was unable to perform a job with the police department which required him to wrestle drunks or carry stretchers. Public Gas Company v. Smith, 386 So. 2d 258 (Fla. 1st DCA 1980), cited in the order in support of the deputy’s conclusion that claimant’s interpretation was logical, believable, and reasonable, does not support such a conclusion. In Public Gas Company this court concluded that although the cl…