A major statement was handed down by the Court of Appeal today, 3/17/16, clarifying the employer’s broad right to prevail on ‘misrepresentation’ defenses in the face of some of the reasons JCC’s find, in orders, not to allow them!
As the Court underscored or italicized THREE times, “ANY” false — or even simply a “misleading” statement — so long as it’s aimed at getting or maintaining the flow of benefits, results in forfeiture of all benefits. This case, tried by the esteemed Tim Jesaitis and sent to MKRS to appeal, also strengthens the impact of two earlier MKRS cases cited in the body of the opinion, the ‘Mckale’ and ‘Wright’ cases, all nicely illustrating not just the talk, but the walk: as it has been since 1958, MKRS not only ‘fights’ for the good fight on behalf of Florida’s employers, but wins!
The holding also gives the first interpretation of the new ‘specificity” rule in misrepresentations cases that, if violated, can result in E/C losing the defense: and while the opinion precluded the striking of E/C’s defenses in this case, its application here without also finding Claimant waived it, is the subject of a Rehearing being drafted by MKRS at this time.
Stay tuned!
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