Figueiras v. Department of Corrections/Division of Risk Management

HR Law Cases
JCC Newman (Tallahassee)(Matthew Bennett) (12-13-23)– Denied compensability of 10/4/20, 10/8/20 and 6/7/21 work accidents. Denied PCP, urologist, TTD, steroid injections and diagnostic nerve block. The claimant initially alleged he was injured on 10/4/20 when responding to a medical emergency involving an inmate when he lifted him on to a stretcher. He claimed an injury to his right groin. He never reported the accident. On 10/9/20, he complained to his supervisor that he felt pain in his right groin at work the day before when he was walking and turned his head to respond to an inmate. He was sent for medical care. He did not say he injured himself while lifting an inmate five days earlier. The claimant never told the clinic he injured himself lifting an inmate. On 10/16/20, he went to the ER and reported he was injured at work on 10/8/20. The claimant was out of work until January, 2021. He then claimed a second injury to his right groin on 6/7/21 while moving inmate property. He did not report this injury because his prior injury was denied. At the final hearing, the claimant contended his correct date of accident was 10/4/20. The claimant’s IME diagnosed the claimant with a right inguinal hernia. The E/C’s IME diagnosed the claimant with a right spermatic cord lipoma, which was preexisting. The EMA believed the claimant’s pain was from an ilioinguinal neuralgia. The JCC did not believe the claimant’s testimony. She accepted the opinion of the EMA and denied compensability of all dates of accidents.  Click here to view Order