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PUBLIC GAS COMPANY v. SMITH

No. RR-96.

386 So.2d 258 (1980)

PUBLIC GAS COMPANY and Ranger Ins. Co., Appellants, v. Robert E. SMITH, Appellee.

District Court of Appeal of Florida, First District.

August 4, 1980.

Attorney(s) appearing for the Case

Kenneth L. Olsen of Miller, McKendree & Somers, Tampa, for appellants.

Michael B. Murphy of Stanley, Wines, Williams & Smith, Auburndale, for appellee.

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...

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