Pasco Cnty. Sch. Bd. v. Angle, 795 So. 2d 178 (Fla. 1st DCA 2001).
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Pasco Cnty. Sch. Bd. v. Angle, 795 So. 2d 178 (Fla. 1st DCA 2001). Book View Copy Cite
PASCO COUNTY SCHOOL BOARD and Gallagher Bassett Services, Inc.
v.
Albert ANGLE
No. 1D00-2531.
District Court of Appeal of Florida, First District.
Sep 11, 2001.
795 So. 2d 178
Jimmie Butler, Esquire, Barbas, Weed, Koenig, Nunuz & Wheeley, Tampa, for Appellants., Mark Capron, Smith, Feddeler, Smith & Miles, P.A., Lakeland; Betsy E. Gallagher, and Dorothy C. Venable, Gallagher & Howard, P.A., Tampa, for Appellee.
Ervin, Kahn, Polston.
Published

ON MOTION FOR REHEARING

POLSTON, J.

Appellants’ Motion for Rehearing is granted. This court’s opinion dated July 10, 2001 is withdrawn and the opinion below is substituted therefor.

Appellants contend . that, pursuant to section 440.09(4)[1] , Florida Statutes, the claimant is not entitled to compensation or benefits because he intentionally and knowingly provided incomplete or misleading testimony under oath regarding his physical activities. However, the Judge of Compensation Claims (“JCC”) found that the claimant did not knowingly or intentionally provide misleading information, and this finding is supported by competent substantial evidence.

The JCC’s finding relating to the claimant’s impairment rating is also supported by competent substantial evidence.

AFFIRMED.

ERVIN and KAHN, JJ., concur.
1

The 1998 amendment to section 440.09(4) is procedural rather than substantive, and is therefore retroactively applied to the petition for benefits. Russell Corporation v. Jacobs, 782 So.2d 404 (Fla. 1st DCA 2001).