Peddicord v. Southeast Personnel Leasing, Inc. / Packard Claims.
Anthony M. Amelio
JCC Dietz – Sebastian/Melbourne (3-16-18)– Denied all benefits based on Misrepresentation defense. The claimant slipped on the tailgate of his work truck 8/15, injuring his neck and left shoulder. Authorized doctors diagnosed a cervical strain and assigned restrictions, including a ten pound lifting restriction, no overhead lifting, and no climbing. An orthopedic surgeon diagnosed cervical disc disorder with radiculopathy which was treated with an epidural injection, physical therapy and light duty restrictions. Claimant requested a one-time change physician, and no timely response was filed. The claimant also did not attend physical therapy during this time. The claimant selected a physician 100 miles from his home. Generally, the claimant was allowed to leave work as his medical condition demanded. During one week of work in April 2016, the claimant only worked eight hours for the employer. During that same week, the claimant was kicked by a horse, fracturing his left ulna (which implicated his radicular symptoms), which required surgery. During his December 2017 deposition, the claimant specifically denied any injuries subsequent to the workplace injury. The claimant also stated that he had “never been operated on in my life.” E/C then raised a misrepresentation defense based on specific denial of the left ulna injury and resulting surgery. Claimant’s attorney argued that claimant’s answers only contemplated work-related injuries. However, The JCC found that the claimant made false statements related to his subsequent accident and medical treatment.
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