RICHARD W. PRATT, WALTER H. WYAR, JR., JAMES E. BOYETTE, BURDETTE R. PARENT, JR., KEITH M. SILVER, JERRY D. MARLAR AND ROBERT L. WIEDEMANN, D/B/A VALDES, MCLAIN, PRATT & CO., A FLORIDA PARTNERSHIP, APPELLANTS,

v.

HAROLD WHITCOMB, AN INDIVIDUAL, AND HAROLD WHITCOMB AND ROBERT CHRISTOPHER, D/B/A WHITCOMB & CHRISTOPHER, A FLORIDA PARTNERSHIP; LAUREN RITCHIE AND SENTINEL STAR COMPANY; AND LINDSAY NEWSPAPERS, INC., PUBLISHER OF THE SARASOTA HERALD TRIBUNE, AND JOHN HAMNER, APPELLEES

Citator

Cited By

• Cycenas v. Sarasota Coca Cola Bottling Co. & Fireman's Fund Ins. Co., 440 So. 2d 39 (Fla. 1st DCA 1983)
  …[*40] In order for the Martin Co. v. Carpenter defense to apply there must be a medical relationship between the present injury and the misrepresented physical condition resulting from an undisclosed prior injury, see Higgins v. Trigil Repair, Inc., 436 So. 2d 222 (Fla. 1st DCA 1983). There is no competent substantial evidence to support the deputy commissioner’s conclusion that such a causal relationship existed. That both injuries involved claimant’s back is not sufficient to show causal relationship, and t…
• Peterson v. Georgia-Pacific Corp., 510 So. 2d 1015 (Fla. 1st DCA 1987)
  …cenas v. Sarasota Coca-Cola Bottling Co., 440 So. 2d 39, 40 (Fla. 1st DCA 1983), nor by evidence that the claimant would not have been hired if the previous back injury had been revealed on the employment application. Higgins v. Trigil Repair, Inc., 436 So. 2d 222 (Fla. 1st DCA 1983); Dunnell v. Robbins Warehouse, 465 So. 2d 648 (Fla. 1st DCA) p.f.r.dism. 476 So. 2d 675 (Fla.1985). Without medical testimony that claimant’s condition is related to the prior injury, the required causal relationship is not estab…
• Dunnell v. Robbins Warehouse & Am. Mut. Liab. Ins. Co., 465 So. 2d 648 (Fla. 1st DCA 1985)
  …is a medical relationship between the present injury and the misrepresented physical condition resulting from an undisclosed prior injury. Cycenas v. Sarasota Coca Cola Bottling Co., 440 So. 2d 39 (Fla. 1st DCA 1983); Higgins v. Trigil Repair, Inc., 436 So. 2d 222 (Fla. 1st DCA 1983). The employer/carrier argue it is unnecessary to establish a causal relationship if the misrepresentation would have precluded employment in the first place. This Court rejected this argument in Cycenas, supra. It is necessary t…