Bonhomme v. Staff Team Hotels Corp / Frank Winston Crum Insurance, Inc.

HR Law Cases

JCC Pitts (Orlando) – (W. Rogers Turner, Jr.) (2-17-21) Denied Compensability of claim.  The claimant alleged neck and back injuries he associated with a 5/22/19 lifting incident. Although the JCC excused the claimant’s late notice of the claim, the facts of what occurred thereafter failed to support his allegations.  After the alleged accident date, the claimant went to the ER on 5/26/19, 6/3/19, 6/9/19, reporting no neck pain, back pain, lifting incident or accident of any kind. Evaluations of his neck and back were all negative. A cervical complaint was noted on a visit of 7/17/19, but with no mention of any work accident or injury.  The claimant’s first PFB was filed on 7/30/19 and alleged a 5/24/19 date of accident. A second attorney filed a PFB on 10/31/19, also with the 5/24/19 DOA.  On 12/12/19, his third attorney filed a PFB with the 5/22/19 DOA. The JCC appointed EMA Eric Scott to resolve conflicts on diagnoses and compensability.   Ultimately the EMA concluded there was no evidence of any injury associated with the alleged work incident. The JCC denied the claimant’s Motion to Strike the EMA and appoint a second EMA. The JCC found there was no clear and convincing evidence to reject the EMA opinion, and alternatively, he found the lack of any discussion or description of the alleged injuries or incidents in multiple ER visits could not support a finding that a work related injury occurred.    Click here to view Order