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McARTHUR v. MENTAL HEALTH CARE, INC.

No. 1D09-4299.

35 So.3d 105 (2010)

Sherri McARTHUR, Appellant, v. MENTAL HEALTH CARE, INC./SUMMIT CLAIMS CENTER, Appellees.

District Court of Appeal of Florida, First District.

May 14, 2010.

Attorney(s) appearing for the Case

Michael J. Winer of the Law Office of Michael J. Winer, Tampa, for Appellant.

Ben H. Cristal and Dixie T. Switzer of the Cristal Law Group, Tampa, for Appellees.

WETHERELL, J.

In this workers' compensation appeal, Claimant seeks review of a final order denying all of her claims for benefits pursuant to the so-called "fraud defense" in section 440.09(4), Florida Statutes (2007). Claimant raises three issues on appeal: 1) whether the Judge of Compensation Claims (JCC) erred in finding that Claimant committed fraud by failing to disclose the extent of her prior injuries and medical care; 2) whether the JCC erred in not ruling...

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