VILLAGE OF NORTH PALM BEACH v. McKALE

No. 1D05-1975.

911 So.2d 1282 (2005)

VILLAGE OF NORTH PALM BEACH and Employers Mutual, Inc., Appellants, v. John McKALE, Appellee.

District Court of Appeal of Florida, First District.

October 6, 2005.


Attorney(s) appearing for the Case

H. George Kagan of Miller, Kagan, Rodriguez and Silver, P.A., West Palm Beach, Attorney for Appellants.

Michael H. Stauder, North Palm Beach, Attorney for Appellee.


THOMAS, J.

The Employer/Carrier (E/C) appeals a non-final order determining compensability of a workers' compensation claim. Because we find that the trial court used the incorrect evidentiary standard, we reverse.

The E/C alleges that Claimant violated sections 440.09(4) and 440.105(4)(b)2., Florida Statutes, by providing false, incomplete or misleading statements regarding his employment status while he was receiving temporary total disability benefits from...

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