Robertson v. John Knox Village of Florida, Inc. / MEMIC

HR Law Cases

JCC Lewis (Fort Lauderdale) (6-1-23) (Andy Borah) – Awarded sanctions against claimant’s attorney. Compensability of an alleged 1/27/2022 lumbar injury was adjudicated and denied for untimely notice and the only medical evidence presented established that the MCC of any disability or need for treatment was due to the claimant’s pre-existing conditions. The claimant’s lawyer also filed a petition asserting a different date of accident of 4/29/2022 with the Employer, alternatively alleging a repetitive back injury. However, the claimant did not work for the Employer on 4/29/2022 and testified in deposition just 11 days before filing the petition for the 4/29/22 date of accident that her last day working for the employer was 4/28/2022. The petition for the 4/29/22 date of accident was not adjudicated by the JCC as the claimant voluntary dismissed such prior to trial. The E/C filed a Motion for Sanctions against the claimant’s counsel on the basis that the petition was not well grounded in fact and was frivolous in light of the previous compensation order. The claimant’s counsel argued that the E/C did not put him on notice that the date of accident was incorrect, which the JCC found was an improper attempt to shift the statutory responsibility to the E/C for the claimant attorney’s own failure. The JCC found that sanctions, including expenses and a reasonable attorney’s fee, were appropriate for the claimant’s failure to make a reasonable inquiry into the facts before signing the petition. The JCC declined to award sanctions on the basis that the petition was frivolous in light of the previous compensation order, since a different date of accident under a different theory of recovery was alleged in the new petition.  Click here to view Order