Claimant John Morales alleged lifting injuries to his left shoulder, neck and back arising out of his employment. Throughout the course of his workers’ compensation claim, the Claimant repeatedly made false, fraudulent, and misleading statements to the Employer/Carrier and their agents. In pertinent part, he falsely denied any history of injuries to his neck or back, and falsely denied ever being involved in any prior motor vehicle accidents. These statements were evidenced to be false when compared to prior records showing extensive medical treatment for neck and back injuries from a non-work-related motor vehicle accident. When the Employer/Carrier denied further workers’ compensation benefits under Sec. 440.105, Fla. Stat. (i.e., a “Misrepresentation” defense), the Claimant petitioned for follow up care with an authorized provider. At trial, Judge Timothy Stanton in the Jacksonville OJCC District was unpersuaded by the Claimant’s excuse that a language barrier prevented him from understanding questions asked by the Employer/Carrier. Attorney Gina M. Jacobs, head of the HM&B Orlando Workers’ Compensation Team, solicited sufficient testimony from the Claimant and the Adjuster which Judge Stanton relied on to find that the Claimant spoke fluent English. Judge Stanton further held that when the Claimant made false, fraudulent, and misleading statements about his history of accidents and injuries, he did so with the intent to obtaining workers’ compensation benefits and had thereby forfeited his entitlement to further benefits as per Sec. 440.09(4)(a), Fla. Stat. This is a complete win for the Employer/Carrier against this fraudulent Claimant.
