Summary
holding judge of compensation claims is not required to order payment of benefits for “a period preceding the determination of a violation of section 440.09”
Summary of this case from Carroso v. StateOpinion
No. 1D06-1465.
April 19, 2007. Rehearing Denied June 22, 2007.
An appeal from an order of the Judge of Compensation Claims. Daniel A. Lewis, Judge.
Martha D. Fornaris of Fornaris Associates, P.A., Coral Gables, and Bill McCabe of Shepherd, McCabe Cooley, Long-wood, for Appellant.
Robin Ross, Ft. Lauderdale, and William H. Rogner of Hurley, Rogner, Miller, Cox, Waranch Westcott, Winter Park, for Appellee.
In this workers' compensation appeal, Cruz Elena Alvarez, who claimed sustaining workplace accidents on February 28, 2003 and on January 1, 2004, appeals an order of the judge of compensation claims which denied her claim for benefits on the ground that she knowingly and intentionally made a false or misleading statement for the purpose of securing workers' compensation benefits. See §§ 440.09(4) and 440.105(4)(b)1, Florida Statutes (2003). Claimant argues that she is entitled to workers' compensation benefits until the date that the judge of compensation claims found that she did make a knowing and intentional misrepresentation or misstatement. Alvarez, who does not dispute the judge's findings, cites no authority for holding that the judge erred in this case in not awarding benefits for the period prior to the entry of the order. Further, neither this court's decision in Horizons Painting v. Lessard, 688 So.2d 941 (Fla. 1st DCA 1997), nor our decision in Pavilion Apartments v. Wetherington, 943 So.2d 226 (Fla. 1st DCA 2006), require an award by the judge of compensation claims for a period preceding the determination of a violation of section 440.09(4).
Accordingly, the order of the judge of compensation claims is AFFIRMED.
BARFIELD, WOLF, and VAN NORTWICK, JJ., concur.