Gina Jacobs and Ursula Remy of CSK’s Orlando office obtained a favorable order from a Judge of Compensation Claims’ (“JCC”) finding that the Claimant in the case violated the misrepresentation statute, thus barring entitlement to all future benefits.
The case stems from a 2013 work-related right elbow injury. CSK’s clients denied the claim in 2020 because the Claimant was involved in a subsequent, intervening accident in 2019 where he reinjured the compensable right elbow while working for a new employer. The claim was also denied on grounds of misrepresentation. Specifically, the Claimant testified at deposition that he did not reinjure the right elbow in the new accident, which was inconsistent with the medical evidence that established medical treatment for new complaints after the 2019 accident.
In the Final Compensation Order, the JCC found in favor of the Employer/Carrier and agreed that the Claimant made false, fraudulent, and misleading statements during his deposition when he failed to give an accurate medical history and also made false statements to the treating doctor regarding his new symptoms after the 2019 accident. Therefore, the Claimant has forfeited his entitlement to additional benefits under sections 440.105(4)(b) and 440.09(4)(a), Florida Statutes. The Employer/Carrier will have no further liability for benefits of any kind, and all claims were denied and dismissed with prejudice.
Cole, Scott & Kissane will continue to provide updates and guidance on workers’ compensation issues. Should you have any questions or wish to discuss the attached further, please contact Gina Jacobs (321-972-0063), or Ursula Remy (321-972-0018).