Beyer v. YRC Worldwide/Sedgwick CMS
Scott B. Miller
JCC Stanton (Gainesville) (2-4-19) – Denied claim pursuant to 440.105(4)(b)(1) and 440.09(4)(a). Claimant reported to multiple physicians, including the E/C’s IME, Dr. Chaumont, he was in continuous pain (left arm), at a pain level of 7 or higher at all times, could not use his left arm at all and wore a sling most of the time. Surveillance showed the claimant freely using his left arm. Dr. Chaumont testified the surveillance was completely inconsistent with the claimant’s presentation to him. He noted the surveillance was evidence he had no limitation with his left arm whatsoever. The JCC agreed, characterizing the “cumulative effect” of the footage as shocking and held the claimant made false and misleading statements in pursuit of his workers’ compensation claim.
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