City of Miami v. Ford, 40572
| Decision Date | 12 July 1971 |
| Docket Number | No. 40572,40572 |
| Parties | CITY OF MIAMI, Petitioner, v. James R. FORD and the Florida Department of Commerce, Respondents. |
| Court | Florida Supreme Court |
Alan H. Rothstein, City Atty., and Rober F. Clark, Asst. City Atty., for petitioner.
Joseph Rosenkrantz, Harvey D. Friedman, Miami Beach, and Truett & Watkins, Patrick H. Mears and J. Franklin Garner, Tallahassee, for respondents.
This cause is before us on petition for writ of certiorari to review the order of the Industrial Relations Commission reversing the Judge of Industrial Claims' denial of the claim.
Claimant, respondent herein, sought benefits allegedly due as a result of an injury to his left foot on June 24, 1969, when the sanitation truck on which he was riding went into a hole and claimant's foot was bent backwards against a brace on the rear platform where he was standing with three other employees. The City denied compensability on the ground that no employer-employee relationship existed because of claimant's fraudulent procurement of employment.
The Judge of Industrial Claims denied the claim, stating:
'* * * the false representation as to the prior physical condition of the claimant made by the claimant in procuring employment with the City of Miami precludes the claimant from any benefits under the Workmen's Compensation Act, and I further find that there is a causal relationship between the injury and the false representation and that if said false representation had been known to the employer, the employer having relied upon said false representation, that the claimant would not have been employed, and further I find that the employee knew the representation to be false. * * *'
On appeal the Full Commission reversed with directions to award claimant compensation benefits. One member of the Commission dissented on the grounds that the evidence supported the finding of the Judge of Industrial Claims that the City relied on the false representations made by claimant to its detriment.
The record reveals that some two years before the accident of June 24, 1969, claimant applied for a job as a garbage collector for the City. At the time he applied for employment, claimant took a physical examination which revealed a scar on his ankle but nothing relating to bone impairment. Claimant specifically stated to the employer's medical secretary that he had never been involved in a motor vehicle accident and had never had a fracture or broken bone.
In fact, claimant was in an automobile accident in 1955 and suffered a broken ankle which was repaired by insertion of a metal pin. An...
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