Summary
In Public Gas Company this court concluded that although the claimant possibly knew of a previous abnormal back x-ray, the claimant's negative answer to "list any physical defects" did not necessarily amount to a false application for employment, as the claimant could have reasonably interpreted the inquiry to refer to "defects" existing and symptomatic at the time of the injury.
Summary of this case from U.S. Home Corp. v. MacDonaldOpinion
No. RR-96.
August 4, 1980.
Appeal from the Deputy Commissioner.
Kenneth L. Olsen of Miller, McKendree Somers, Tampa, for appellants.
Michael B. Murphy of Stanley, Wines, Williams Smith, Auburndale, for appellee.
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.