MOORE v. WILLIAMS COMPANY

No. 92-2128.

622 So.2d 120 (1993)

Mack Charles MOORE, Appellant, v. WILLIAMS COMPANY and Feisco, Appellees.

District Court of Appeal of Florida, First District.

July 28, 1993.


Attorney(s) appearing for the Case

Robert W. Elton of Wells, Revis, Vedder & Elton, Daytona Beach, for appellant.

Joseph T. Farrell of Rissman, Weisberg, Barrett & Hurt, P.A., Orlando, for appellees.


ALLEN, Judge.

The claimant appeals a workers' compensation order in which the misrepresentation defense in section 440.15(5)(a), Florida Statutes (1991), was applied to deny the claim. We conclude that the statutory defense should not have been applied, as it pertains only under circumstances involving the aggravation or acceleration of a preexisting condition.

The claimant sought benefits for a back injury he suffered at work. At a hearing on the claim, it...

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