Martinez v. Cherry Hill Delivery, Inc. / Protective Insurance Company

HR Law Cases

JCC Sojourner (Orlando) – (Scott Miller)(11-18-21) Denied all benefits based upon misrepresentation.  The Claimant injured her left shoulder, neck, chest wall and lumbar spine in a 2016 MVA.  She had a lumbar MRI and treatment to these body parts following the MVA.  In her deposition, she admitted to the prior MVA but indicated she only treated for her chest and not for her low back.  Her authorized physiatrist, Dr. Gerber, testified the Claimant failed to tell him about the prior back injury or prior lumbar MRI.  Accordingly, the JCC found the Claimant committed misrepresentation for the purpose of obtaining WC benefits.   Click here to View Order