Opinion
Case No. 1D00-2531.
Opinion filed July 10, 2001.
An appeal from an order of the Judge of Compensation Claims, Honorable Donna S. Remsnyder, Judge.
Jimmie Butler, Esquire, Barbas, Weed, Koenig, Nunuz Wheeley, Tampa, for Appellants.
Mark Capron, Esquire, Smith, Feddeler, Smith Miles, P.A., Lakeland; Betsy E. Gallagher, Esquire and Dorothy C. Venable, Esquire, Gallagher Howard, P.A., Tampa, for Appellee.
In 1998, the Florida Legislature amended section 440.09(4), Florida Statutes, giving the JCC authorization to deny claims if the employee has knowingly or intentionally engaged in prohibited activities under section 440.105 for the purpose of obtaining worker's compensation benefits. Because this amendment was effective January 1, 1999, after claimant's injuries, it does not apply to this case. Ch. 98-174, §§ 3,20 at 1546, 1555, Laws of Fla.; see E.H. v. Temporary Labor Source, 687 So.2d 884, 885 (Fla. 1st DCA 1997) (reversing the JCC's denial of benefits on grounds that claimant made false statements, and holding that the JCC lacked authority under the statute to make such a determination).
The JCC's finding relating to the claimant's impairment rating is supported by competent substantial evidence.
AFFIRMED.
ERVIN and KAHN, JJ., concur.