Jean v. Orange County Public Schools / USIS

JCC Pitts (Orl) (Rogers Turner)(11-8-22) – Denied for misrepresentation of prior medical history. The Claimant had an initially compensable low back injury. In deposition, she disclosed one prior MVA with chiropractic treatment limited to 3-5 visits as a precaution. She also denied any previous lumbar MRIs. In discovery, evidence of extensive chiropractic treatment with persistent low back and SI joint complaints and a lumbar MRI following the MVA 10 years earlier was secured. Additional records were discovered showing even more recent low back complaints and treatment within two years of the work accident, which was not disclosed by the Claimant in deposition. The JCC found that the Claimant’s statements in deposition were made with the intent to secure WC benefits and were objectively false, fraudulent or misleading and not simply errors or faulty memory and, accordingly, divested the Claimant of any further entitlement to WC benefits.  Click here to view Order