
Score One For the Good Guys!
July 8, 2022
Several months ago, Jonathan Cooley obtained a dismissal of the workers’ compensation claim after a misrepresentation defense was asserted. This led to a subsequent criminal court Order last week awarding nearly $40,000 in restitution to our client, Premier Group Insurance.
The employer/carrier had surveillance of the claimant performing various activities, including bending, reaching and driving, which the claimant denied being able to perform in deposition. The claimant told her authorized doctor she was incapable of these activities and indicated she was in extreme pain. The doctor testified her complaints to him were not consistent with what was observed on video, and that in light of her statements he had recommended treatments which he would not have recommended had she been truthful.
Premier Group asserted a misrepresentation defense, the petitions were dismissed and claimant’s counsel withdrew from the case. After a fraud referral, the State of Florida prosecuted the claimant for providing false, misleading and incomplete statements, using much of the discovery obtained by HR Law, which resulted in a guilty plea and an order for the claimant to pay $39,264.47 in restitution.