Evans v. Vets USA II, Inc. / Amtrust
JCC Hedler (West Palm Beach) (Sofia Rogner)(5-18-23) – Denied all benefits based on MCC, Res Judicata/Two Dismissal Rule and Misrepresentation. The E/C’s IME, Dr. Stein, opined the MCC of the claimant’s injuries were preexisting and accepted by the JCC. The claimant, through his prior and current attorney, had voluntarily dismissed at least three PFB’s, with accident descriptions and dates, which were either the same or similar. The claimant had a history of bilateral hand treatment which he denied in deposition, but was apparent in his text messages to the employer and in prior medical records. The JCC denied all benefits. Click here to view Order