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A Florida appellate court affirmed a decision by a state judge of compensation claims that barred a long-haul truck driver from receiving workers’ compensation benefits for an alleged work-related injury based on findings that the driver had given false and misleading statements to, among other persons, his treating physicians. Observing that the truck driver had “engaged in fairly extensive litigation regarding the injuries suffered in Ohio,” the appellate court also noted that the JCC found that the driver did not tell his two treating physicians about his prior back injuries and that both physicians revised their opinions on learning of the prior injuries and complaints. The court held that the record contained “evidence of multiple instances of Claimant’s affirmative misrepresentation of his medical history.”
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is a leading commentator and expert on the law of workers’ compensation.
LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.
See Clark v. R&L Carriers, 2014 Fla. App. LEXIS 20806 (1st DCA, Dec. 23, 2014) [2014 Fla. App. LEXIS 20806 (1st DCA, Dec. 23, 2014)]
See generally Larson’s Workers’ Compensation Law, § 39.03 [39.03]
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law