A West Palm Beach Workers' Compensation Judge recently granted compensability of a right hand injury and awarded medical care, lost wages, penalties and interest after finding that the injured worker had not intentionally misrepresented his medical history.
The workers' compensation insurance company and their defense attorney attacked the injured worker, attempting to take advantage of the fact he only had a 10th grade education. The insurance company alleged that the injured worker had somehow intentionally failed to disclose to doctors the existence of injuries and accidents that occurred prior to his work place accident
The Judge reviewed the evidence, including medical records, doctor depositions and the claimant's testimony and concluded that the injured worker had not committed fraud. Specifically, the West Palm Beach Workers' Compensation Judge found that the doctors failed to inquire as to the specific facts of any prior accidents or injuries and that based on his limited education, the injured worker had not knowingly and intentionally provided false or misleading information for the purpose of securing workers' compensation benefits.
The Judge also denied the insurance company's claim that the injured worker had misrepresented his past medical history while attempting to obtain employment. Such a ruling could have allowed the workers' compensation carrier to deny compensability, medical care and lost wages.
If you feel that your benefits have been unfairly terminated, or that you are wrongfully being accused of something you did not do, contact us right away. If you are hurt at work, we can help.