Arango v. F & E Trucking Corporation / Protective Insurance Company
Scott B. Miller
JCC Sojourner (Orlando) (3-6-19) – Denied all benefits pursuant to Claimant’s Misrepresentation under 440.09(4) and 440.105. The claimant suffered injuries to his neck, low back, and right shoulder, which the Employer/Carrier initially accepted as compensable. After authorized treatment was provided, including a right shoulder surgery, the E/C discovered that the claimant had suffered a right shoulder injury approximately 6 months prior to the industrial accident. The claimant failed to disclose that history at deposition or to his authorized treating physicians. The JCC found that the claimant intentionally misrepresented his medical history regarding the right shoulder and did so in order to obtain workers compensation benefits.
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