LEARY v. USA WASTE MANAGEMENT (2003)

District Court of Appeal of Florida,First District.

Gregory O'LEARY, Appellant, v. USA WASTE MANAGEMENT and Gallagher Bassett Services, Appellees.

No. 1D02-2732.

Decided: December 08, 2003

Dennis Smejkal, Orlando, and Bill McCabe, Longwood, for Appellant. Pamela Craig of Stump, Webster, Craig, Staten & Recksiedler, P.A., Orlando, for Appellees.

The claimant appeals a workers' compensation order by which a claim was denied upon a determination that the claimant made false, fraudulent, or misleading statements and omitted or concealed material information, thereby violating section 440.105(4)(b)3, Florida Statutes, and being disqualified from receiving benefits pursuant to section 440.09(4), Florida Statutes. In making this finding the judge relied on a recorded statement which was not confirmed on this record as being properly authenticated under section 90.901, Florida Statutes. Unless so authenticated, the statement should not have been received into evidence over the claimant's objection. The appealed order is therefore reversed, and the case is remanded for further proceedings.

PER CURIAM.

ALLEN, DAVIS and BENTON, JJ., CONCUR.

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