Landers v. Medical Personnel Pool of North Central Florida

Brenda Landers appeals an order of the judge of compensation claims accepting the defense her employer and the employer’s carrier set up under Martin Co. v. Carpenter,1 132 So.2d 400 (Fla.1961) and dismissing her claim for benefits. Because we conclude that, as a matter of law, no employer can justifiably rely on a prospective employee’s silence in answer to a yes or no question on an employment form regarding impairments which could interfere with the employee’s ability to perform her duties, we reverse.

When Brenda Landers applied for a position with Medical Personnel Pool of North Central…