| JCC Owens (Port St. Lucie)(Andy Borah)(3-15-21) – Granted Motion to Amend Pretrial to include misrepresentation defense. Claimant alleged a back injury from her industrial accident. She testified that she did not remember having any back issues prior to the accident. Claimant’s attorney provided partial records of Dr. Norris to the Employer/Carrier in a Response to Request to Produce. The claimant objected to the Employer/Carrier’s Notice of Intent to serve a subpoena for records on Dr. Norris. By the time the records were received and it was discovered the claimant had misrepresented her prior medical history, the Pretrial had already been filed and a Motion to Amend was required. The JCC denied the Employer/Carrier’s initial Motion to Amend on the grounds that at least some of the records of Dr. Norris were provided to the Employer/Carrier by the Claimant, putting the Employer/Carrier on notice of the identity of Dr. Norris and their need to obtain the records. Dr. Norris was deposed and it was revealed that the claimant had only requested copies of her records dated after the industrial accident. The JCC found the claimant’s intentional act resulted in the Employer/Carrier not receiving the relevant medical records which support the assertion of a misrepresentation defense. The Employer/Carrier’s Renewed Motion to Amend Pretrial was granted to include the misrepresentation defense. Click here to view Order |