Tuesday, February 24, 2015

Hector and Brock have run their course, U.S. Supreme Court Declines Review

In January, I published Hector is Gone in Florida, Is the U.S. Supreme Court Next? Essentially, the Florida Fourth District Court of Appeal concluded that Fla. Stat. §440.105(4)(b)9 makes it a crime to present false or misleading information in the process of obtaining a job. 

Specifically, the provision states it shall be unlawful for any person " . . . [t]o knowingly present or cause to be presented any false, fraudulent, or misleading oral or written statement to any person as evidence of identity for the purpose of obtaining employment or filing or supporting a claim for workers’ compensation benefits." 

Hector and Brock were each accused of doing so, providing information deemed to be inacurate. Though neither had workers' compensation injuries, they were charged under Chapter 440. 

The Florida Supreme Court declined to review the decision of the Fourth District. There was then an effort to have the decision reviewed through the federal courts. However, the U.S. Supreme Court denied certiorari February 23, 2015. The appeals in both Brock and Hector have now run their course. 

It remains illegal in Florida to present false or misleading information in the process of obtaining a job. This is true regardless of whether a claim is later made for workers' compensation benefits or not. 

The U.S. Supreme Court is asked to hear about 7,000 cases each year. Generally, they agree to hear 100-150 of them according to their website.

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