Santos v. Scott Wetzel Services

MILLS, Judge.

In this workers’ compensation action, Santos appeals from an order denying compensation. We find the deputy erred in finding Santos did not have an industrial accident, but did not err in denying compensation based on a valid Martin Company v. Carpenter defense. We therefore affirm the order appealed.

Santos, a 55-year-old woman, worked in the employer’s laundry facility beginning in 1981. In applying for the job, she completed a health evaluation questionnaire, answering in the negative the question:

Circle yes or. no and underline the difficulty if you have or have had any of the…