Levy County Transit v. Kokenzie

In this workers’ compensation case, the Employer/Carrier challenge an order awarding Claimant temporary partial disability benefits and rejecting the affirmative defense of misrepresentation under paragraphs 440.09(4)(a) and 440.105(4)(b), Florida Statutes (2014). Because the record contains competent, substantial evidence supporting the Judge of Compensation Claims’ conclusion that Claimant did not make intentional misrepresentations for the purpose of obtaining workers’ compensation benefits, we affirm that ruling. But we reverse and remand the temporary partial disability award, because…