Paradise v. Global Hospitality Management / MEMIC
JCC Owens (Port St. Lucie) (Andy Borah)(4-19-21) – Denied the claims for the 6/27/18 and 6/19/19 dates of accident based on misrepresentation and denied the claim for a visit with Dr. Woltz for the 8/17/19 date of accident. Regarding the first two dates of accident, the claimant testified during her deposition that she never had low back problems prior to the 6/27/18 date of accident. The E/C presented evidence of the claimant seeing her family physician on 1/10/19 where she reported prior low back issues since the age of 19 and she complained of pain to her right nerve on and off for four years. In addition, it was found that the claimant instructed her family doctor not to release certain records documenting these complaints. The JCC found the claimant’s testimony at the hearing to be inconsistent with her testimony at her deposition and the medical records in evidence and ruled her testimony to be knowingly false and made for the purpose of securing workers’ compensation benefits. Regarding the claim for a visit with Dr. Woltz for the 8/17/19 date of accident, the E/C provided the authorized benefit, but the doctor refused to see the claimant in the future due to three no-shows. The Claimant could have, but did not, file a new petition or list a new claim on the pretrial stipulation, asking for a different doctor. Click here to view Order |