Alvarez v. Unicco
| Decision Date | 19 April 2007 |
| Docket Number | No. 1D06-1465.,1D06-1465. |
| Citation | 958 So.2d 951 |
| Parties | Cruz Elena ALVAREZ, Appellant, v. UNICCO and Travelers, Appellees. |
| Court | Florida District Court of Appeals |
of Shepherd, McCabe & Cooley, Longwood, for Appellant.
Robin Ross, Ft. Lauderdale, and William H. Rogner of Hurley, Rogner, Miller, Cox, Waranch & Westcott, Winter Park, for Appellee.
In this workers' compensation appeal, Cruz Elena Alvarez, who claimed sustaining workplace accidents on February 28, 2003 and on January 1, 2004, appeals an order of the judge of compensation claims which denied her claim for benefits on the ground that she knowingly and intentionally made a false or misleading statement for the purpose of securing workers' compensation benefits. See §§ 440.09(4) and 440.105(4)(b)1, Florida Statutes (2003). Claimant argues that she is entitled to workers' compensation benefits until the date that the judge of compensation claims found that she did make a knowing and intentional misrepresentation or misstatement. Alvarez, who does not dispute the judge's findings, cites no authority for holding that the judge erred in this case in not awarding benefits for the period prior to the entry of the order. Further, neither this court's decision in Horizons Painting v. Lessard, 688 So.2d 941 (Fla. 1st DCA 1997), nor our decision in Pavilion Apartments v. Wetherington, 943 So.2d 226 (Fla. 1st DCA 2006), require an award by the judge of compensation claims for a period preceding the determination of a violation of section 440.09(4).
Accordingly, the order of the judge of compensation claims is AFFIRMED.
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Leggett v. Barnett Marine, Inc.
...of the pending claim, which he was not required to do on account of the finding of fraud.Finally, we distinguish Alvarez v. Unicco, 958 So.2d 951 (Fla. 1st DCA 2007). It does not completely resolve the issue here because it dealt with the denial of “benefits for the period prior to the entr......
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Parodi v. Florida Contracting Co., Inc.
...would not be compensable or awardable. See § 440.13(1)(e), Fla. Stat. (2003) (defining "compensable"); see also Alvarez v. Unicco, 958 So.2d 951 (Fla. 1st DCA 2007). Here, because Dr. Benezette and Dr. Kirkpatrick were authorized by operation of section 440.13(2)(c), Florida Statutes (2003)......
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Carroso v. State
...the sanction under section 440.09(4)(a) turns off the tap from which workers' compensation benefits flow.5 See Alvarez v. Unicco, 958 So. 2d 951, 952 (Fla. 1st DCA 2007) (holding judge of compensation claims is not required to order payment of benefits for "a period preceding the determinat......
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Carroso v. State
...Thus, the sanction under section 440.09(4)(a) turns off the tap from which workers' compensation benefits flow.5See Alvarez v. Unicco, 958 So.2d 951, 952 (Fla. 1st DCA 2007) (holding judge of compensation claims is not required to order payment of benefits for “a period preceding the determ......