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U.S. HOME CORP. v. MacDONALD

No. AT-9.

445 So.2d 636 (1984)

U.S. HOME CORPORATION, Northwestern National Insurance Company, Appellants, v. Winfred A. MacDONALD, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied March 13, 1984.

Attorney(s) appearing for the Case

Robert M. Todd of Mattson, McGrady & Todd, St. Petersburg, for appellants.

Stephen L. Rosen of Morris & Rosen, Tampa, for appellee.

THOMPSON, Judge.

The employer/carrier (E/C) appeal a workers' compensation order in which the deputy commissioner (deputy) found that the E/C failed to satisfy the elements of the misrepresentation defense as set forth in Martin Company v. Carpenter, 132 So.2d 400 (Fla. 1961) and awarded benefits for a low back injury. The E/C argue the deputy erroneously concluded that claimant had not misrepresented his prior physical condition...

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