O'Leary v. USA Waste Management

District Court of Appeal of Florida

O'Leary v. USA Waste Management

863 So. 2d 367, 2003 Fla. App. LEXIS 18677, 2003 WL 22880497

CourtDistrict Court of Appeal of Florida

DecidedDecember 8, 2003

DocketNo. 1D02-2732

StatusPublished

This text of 863 So. 2d 367 (O'Leary v. USA Waste Management) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O'Leary v. USA Waste Management, 863 So. 2d 367, 2003 Fla. App. LEXIS 18677, 2003 WL 22880497 (Fla. Ct. App. 2003).

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Opinion

PER CURIAM.

The claimant appeals a workers’ compensation order by which a claim was denied upon a determination that the claimant made false, fraudulent, or misleading [368]*368statements and omitted or concealed material information, thereby violating section 440.105(4)(b)3, Florida Statutes, and being disqualified from receiving benefits pursuant to section 440.09(4), Florida Statutes. In making this finding the judge relied on a recorded statement which was not confirmed on this record as being properly authenticated under section 90.901, Florida Statutes. Unless so authenticated, the statement should not have been received into evidence over the claimant’s objection. The appealed order is therefore reversed, and the case is remanded for further proceedings.

ALLEN, DAVIS and BENTON, JJ., CONCUR.

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PER CURIAM.

The claimant appeals a workers’ compensation order by which a claim was denied upon a determination that the claimant made false, fraudulent, or misleading [368]*368statements and omitted or concealed material information, thereby violating section 440.105(4)(b)3, Florida Statutes, and being disqualified from receiving benefits pursuant to section 440.09(4), Florida Statutes. In making this finding the judge relied on a recorded statement which was not confirmed on this record as being properly authenticated under section 90.901, Florida Statutes. Unless so authenticated, the statement should not have been received into evidence over the claimant’s objection. The appealed order is therefore reversed, and the case is remanded for further proceedings.

ALLEN, DAVIS and BENTON, JJ., CONCUR.

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Bluebook (online)

863 So. 2d 367, 2003 Fla. App. LEXIS 18677, 2003 WL 22880497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oleary-v-usa-waste-management-fladistctapp-2003.