Jones, Hurley & Hand recently had the honor of presenting live oral arguments before the First DCA, and this was done at the recent Florida Worker’s Compensation Forum in Orlando no less. The matter was very handled by Partner Humberto Valdes in the firm’s Orlando office, and was quite detailed, dating back a number of years, and relating to a Claimant who the JCC found misrepresented various aspects of his claim, barring further benefits entirely as a result of 440.09(4)(a) and 440.09(4)(a) and 440.105,
Florida Statutes. Section 440.09(4) provides that an employee will be disqualified from all benefits if a judge of compensation claims “determines that the employee has knowingly or intentionally engaged in any of the acts described in s. 440.105… for the purpose of securing workers’ compensation benefits.” Section 440.105(4)(b) provides in relevant part: It shall be unlawful for any person: 1. To knowingly make or cause to be made, any false, fraudulent or misleading oral or written statement for the purpose of obtaining or denying any benefit or payment under this chapter. 2. To present or cause to be presented any written or oral statement as part of, or in support of, a claim for payment or other benefits pursuant to any provision of this chapter, knowing that such statement contains any false, incomplete, or misleading information concerning any fact or thing material to such claim. 3. To prepare or cause to be prepared any written or oral statement that is intended to be presented to any employer, insurance company, or self-insured program in connection with, or in support of, any claim for the payment or other benefit pursuant to any provision of this chapter, knowing that such statement contains any false, incomplete, or misleading information concerning any fact or thing material to the such claim. 4. To knowingly assist, conspire with, or urge any person to engage in activity prohibited by this section.
Within that framework, after a thorough analysis of the facts and law, the JCC found that the Claimant in fact did commit misrepresentations regarding his claim, and thereby all benefits were barred moving forward. Claimant has appealed, and the oral arguments dealt with Claimant’s attempts to overrule the JCC’s Order. Associate Kristin Longberry handled the oral arguments before the First DCA, and it will indeed be interesting to see what the First DCA has to say about the matter, perhaps subtly shaping the contours of the never ending E/C battle to combat worker’s compensation fraud.
We have enclosed a link to the oral arguments for ready viewership of this critically important oral argument. https://www.youtube.com/watch?v=NOzVKxd72_8&t=918s