From Casetext: Smarter Legal Research

Pasco County School Board v. Angle

District Court of Appeal of Florida, First District
Sep 11, 2001
795 So. 2d 178 (Fla. Dist. Ct. App. 2001)

Opinion

Case No. 1D00-2531

Opinion filed September 11, 2001.

An appeal from an order of the Judge of Compensation Claims, Honorable Donna S. Remsnyder, Judge.

Jimmie Butler, Esquire, Barbas, Weed, Koenig, Nunuz Wheeley, Tampa, for Appellants.

Mark Capron, Esquire, Smith, Feddeler, Smith Miles, P.A., Lakeland; Betsy E. Gallagher, Esquire and Dorothy C. Venable, Esquire, Gallagher Howard, P.A., Tampa, for Appellee.


ON MOTION FOR REHEARING


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 This court's opinion dated July 10, 2001 is withdrawn and the opinion below is substituted therefor.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), 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 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).

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

AFFIRMED.

ERVIN and KAHN, JJ., concur.


Summaries of

Pasco County School Board v. Angle

District Court of Appeal of Florida, First District
Sep 11, 2001
795 So. 2d 178 (Fla. Dist. Ct. App. 2001)
Case details for

Pasco County School Board v. Angle

Case Details

Full title:PASCO COUNTY SCHOOL BOARD and GALLAGHER BASSETT SERVICES, INC.…

Court:District Court of Appeal of Florida, First District

Date published: Sep 11, 2001

Citations

795 So. 2d 178 (Fla. Dist. Ct. App. 2001)