COLONIAL CARE NURSING HOME AND GAB BUSINESS SERVICES, INC., APPELLANTS,
v.
ROSEMARY NORTON, APPELLEE

Fla. 1st DCA | 1990-08-22
No. 89-02300
SHIVERS, C.J., and WOLF, J., concur.
566 So. 2d 44 Florida District Court of Appeal, First District (1990) Caution
Cited by 8 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

An employee's misrepresentation of a physical condition that is causally related to a subsequent injury can preclude workers' compensation benefits if the employer relied on the misrepresentation to its detriment.


Headnotes

[1] A false representation as to physical condition or health made by an employee in procuring employment will preclude workers' compensation benefits for an otherwise compen…

[2] Detrimental reliance by an employer on an employee's misrepresentation of medical history does not require proof that the employee would not have been hired but for the m…

Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

An employee misrepresented her prior abdominal surgeries on a job application. She later suffered a hernia in the same location and sought workers' co…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
BOOTH, Judge.

BOOTH, Judge.

This cause is before us on appeal from an order of the judge of compensation claims granting appellee’s claim for workers’ compensation benefits. Appellants contend that the judge erred in rejecting their defense under Martin Company v. Carpenter, 132 So. 2d 400 (Fla.1961). We agree and reverse. Appellee applied for work at the Colonial Care Nursing Home (Colonial Care) as a nurse’s assistant on April 6, 1988. In responding to the employment application question about prior hospitalization, appel-lee disclosed only that she had been hospitalized for childbirth. In fact, appellee had previously undergone several surgical procedures in the abdominal area. In 1978, appellee had undergone surgery to repair a hernia.

Appellee began work at Colonial Care on April 8, 1988. On May 23, 1988, she suffered a hernia in precisely the same location as her 1978 hernia. She was hospitalized and underwent corrective surgery. After surgery, appellee returned to work at Colonial Care, restricted to light duty.

Appellants denied benefits on the ground that appellee had misrepresented her physical condition and medical history. In Martin Company v. Carpenter, supra at 406, the Supreme Court held:

[A] false representation as to physical condition or health made by an employee in procuring employment will preclude the benefits of the Workmen’s Compensation Act for an otherwise compensable injury if there is shown to be a causal relationship between the injury and the false representation and if it is also shown that (1) the employee knew the representation to be false, (2) the employer relied upon the false representation and (3) such reliance resulted in consequent injury to the employer. The causal relationship contemplated by the above rule is a medical relationship between the present injury and the undisclosed prior condition. Peterson v. Georgia Pacific Corporation, 510 So. 2d 1015, 1018 (Fla. 1st DCA 1987); Dunnel v. Robbins Warehouse, 465 So. 2d 648, 649 (Fla. 1st DCA 1985); Santos v. Scott Wetzel Services, 463 So. 2d 575, 577 (Fla. 1st DCA 1985); Cycenas v. Sarasota Coca-Cola Bottling Company, 440 So. 2d 39, 40 (Fla. 1st DCA 1983).

The judge found a causal relationship between the prior undisclosed hernia and the instant one, and also found that appel-lee had knowingly misrepresented her medical history. Neither of these findings is challenged in this appeal.

The only issue before this court is whether the judge applied an incorrect evidentiary standard in concluding that appellants had failed to prove that they had relied upon appellee’s misrepresentation of her medical history to their detriment. In concluding that appellants had failed to prove the requisite detrimental reliance, the judge stated in his order, “There is no evidence to prove that the employer would not have hired the claimant had the employer known that the claimant had a prior hernia condition.”

The successful assertion of the Martin v. Carpenter defense does not require proof that the claimant would not have been hired but for his misrepresentations.1 In Martin v. Carpenter the Florida Supreme Court stated the basis for the rule as follows (132 So. 2d at 406):

We do not think the misrepresentations of an employee should be allowed to defeat the efforts of the employer to protect himself from this presumption [that the employer takes the employee as he finds him] and the assumed risks.

Second, by Sec. 440.15(5), F.S.A. our legislature, in an effort to encourage the employment of those afflicted or disabled in some way, has created a special disability, or second injury, fund which allows an employer to be reimbursed for compensation paid an employee for disability due to a preexisting condition. To have resort to this fund, however, the employer probably must either have had knowledge of the pre-existing condition when he hired the employee, or have continued the employment after obtaining knowledge thereof.

Thus, an employee who misrepresents a condition which is causally related to a subsequent claim for benefits not only robs the employer of making a choice as to whether he will or will not hire the employee with the risks attendant thereon, but also denies the employer resort to the special disability fund.

In the instant case, it is apparent that appellant Colonial Care relied upon appel-lee’s misrepresentation of her medical history to its detriment, within the meaning of Martin Company. At the merits hearing, Colonial Care presented the testimony of its then Director of Nursing, Darlene Davis. Although Ms. Davis became Director of Nursing after appellee’s date of hire and, therefore, neither hired nor interviewed appellee, she was able to testify to Colonial Care’s general hiring procedure for nurses and nurses’ assistants. She testified that the Director of Nursing would ordinarily review an applicant’s application and conduct an interview. Some of the questions asked during the interview would concern the applicant’s ability to routinely lift and assist patients. She also testified that it was the general practice to review the medical history portion of the application form and make further inquiry if an applicant responded affirmatively to any of the medical questions.

Appellee’s misrepresentation of her medical history therefore deprived Colonial Care of the opportunity to make an informed decision about whether it would assume the risk of hiring appellee. Further, appellee’s misrepresentations may well have disqualified appellant from Special Disability Fund reimbursement. Accordingly, the order below is REVERSED.

SHIVERS, C.J., and WOLF, J., concur. . In Doric Food Company v. Allen, 383 So. 2d 316, 318 (Fla. 1st DCA 1980) and Kalbes v. Armour Industrial Security, 483 So. 2d 124, 126, 127 (Fla. 1st DCA 1986), this court rejected similar contentions.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Adams v. Prestressed Sys. Indus. & Liberty Mut. Ins. Co., 625 So. 2d 895 (Fla. 1st DCA 1993)
    …omitted). Jackson’s testimony was insufficient to establish employer reliance under the facts of this case. Unlike the employers in Kalbes v. Armour Industrial Security, 483 So. 2d 124 (Fla. 1st DCA 1986), and Colonial Care Nursing Home v. Norton, 566 So. 2d 44 (Fla. 1st DCA 1990), PSI was not lulled into complacency by false statements denying the existence of any prior injury. PSI should have inquired further once Adams left unanswered the questions regarding previous back injuries. Its failure to make a…
  • Craig v. Gray's Guard Serv. & CNA Ins. Co., 582 So. 2d 35 (Fla. 1st DCA 1991)
    …causal relationship between the injury and the false representation.” This causal relationship may be shown by evidence of a medical relationship between the present injury and the undisclosed prior condition, Colonial Care Nursing Home v. Norton, 566 So. 2d 44, 45 (Fla. 1st DCA 1990), or that the prior condition contributed to or was aggravated by the subsequent injury. Cycenas v. Sarasota Coca-Cola Bottling Co., 440 So. 2d 39, 40 (Fla. 1st DCA 1983). Here,, it was shown that Craig injured his neck in th…
  • Fla. Mining & Materials v. Perkins, 612 So. 2d 667 (Fla. 1st DCA 1993)
    …fact may result in dismissal. In order to prevail on a Martin v. Carpenter defense, among other things, an employer must prove that it relied on the false representations of a claimant. Martin, supra at 406. In Colonial Care Nursing Home v. Norton, 566 So. 2d 44 (Fla. 1st DCA 1990), this court held, however, that an employer does not have to prove that a claimant would not have been hired but for the misrepresentation regarding medical history in order to successfully assert a Martin v. Carpenter defense. I…

Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw