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HORIZONS PAINTING v. LESSARD

No. 96-1159.

688 So.2d 941 (1997)

HORIZONS PAINTING and PCA Solutions, Inc., Appellants, v. Dennis LESSARD, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied March 7, 1997.

Attorney(s) appearing for the Case

Cheryl L. Wilke of Rigell & Leal, P.A., West Palm Beach, for Appellants.

Michael J. Celeste and Randy D. Ellison, West Palm Beach, for Appellee.

PER CURIAM.

In this case of first impression, the employer and its insurance carrier (E/C) complain that the judge of compensation claims (JCC) erroneously failed to apply the defense set forth in section 440.09(4), Florida Statutes (Supp.1994), based on false statements claimant made contrary to section 440.105(4)(b), Florida Statutes (Supp.1994). We conclude that the provisions of section 440.09(4) are inapplicable to the case at bar, because the E/C did not show...

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