Public Gas Co. v. Smith

District Court of Appeal of Florida

Public Gas Co. v. Smith

386 So. 2d 258, 1980 Fla. App. LEXIS 17226

CourtDistrict Court of Appeal of Florida

DecidedAugust 4, 1980

DocketNo. RR-96

StatusPublished

Cited by1 cases

This text of 386 So. 2d 258 (Public Gas Co. v. Smith) 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

Public Gas Co. v. Smith, 386 So. 2d 258, 1980 Fla. App. LEXIS 17226 (Fla. Ct. App. 1980).

Pincite

Opinion

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Cite This Page — Counsel Stack

Bluebook (online)

386 So. 2d 258, 1980 Fla. App. LEXIS 17226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/public-gas-co-v-smith-fladistctapp-1980.

Opinion

Related

Cite This Page — Counsel Stack