MEDICAL LOGISTICS, INC. v. MARCHINES

No. 1D04-1367.

911 So.2d 823 (2005)

MEDICAL LOGISTICS, INC. and CNA Claimplus, Appellants, v. John MARCHINES, Appellee.

District Court of Appeal of Florida, First District.

August 29, 2005.


Attorney(s) appearing for the Case

M. Michele Leach-Pachinger and Tonya Willis Pitts of Clark, DeMay, Fara & Froman, A Professional Association, Sarasota, for Appellants.

Harold E. Barker of Dicesare, Davidson & Barker, P.A., Lakeland, for Appellee.


ALLEN, J.

The employer/carrier appeal a workers' compensation order by which their fraud defense was denied and various benefits were awarded to the claimant. Although the evidence was sufficient to support each of the awards and did not compel a ruling in favor of the employer/carrier on its fraud defense, we reverse the order under review because the judge of compensation claims applied a per se rule, rather than the required case-specific analysis, in excluding...

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