Florida Mining & Materials v. Perkins

Florida Mining & Materials, the employer, appeals from an order of the judge of compensation claims (JCC) which rejected the employer’s defense under Martin v. Carpenter, 132 So.2d 400 (Fla.1961), “due to a lack of reliance upon any misrepresentation during the hiring process.” The employer asserts that the JCC erred in reaching this conclusion, and that the JCC also erred in not ruling that there was a causal relationship between the claimant’s false representation and his subsequent injury. We find that the JCC utilized the wrong evidentiary standard in determining that there was a lack of…