1

Get started today

Schedule Your Free Consultation Today!

Fill out the form and someone from our team will contact you. 

Free Consultation

Broward County Workers’ Compensation Judge Finds No Fraud on Injured Worker’s Part and Awards Additional Hours of Attendant Care Benefits

by FranksKoenig NeuweltOct 30, 20180 comments

  • Franks, Koenig & Neuwelt
  • $
  • Broward County Workers’ Compensation Judge Finds No Fraud on Injured Worker’s Part and Awards Additional Hours of Attendant Care Benefits

Broward County Workers’ Compensation Judge Finds No Fraud on Injured Worker’s Part and Awards Additional Hours of Attendant Care Benefits

A workers’ compensation Judge of Compensation Claims for Lauderdale Lakes, Broward County, Florida, ruled that an injured worker caught on video surveillance walking in front of his house did not intentionally make any false or misleading statements for the purpose of securing workers’ compensation benefits.

A Palm Bay, Florida resident was working in Broward County as a water removal expert when, on January 1, 2003, A wall unit he was moving fell causing pain in his back. His claim was accepted by workers’ compensation and he was provided medical care for his low back injury and psychiatric care for depression. He was subsequently accepted as permanently and totally disabled and awarded 12 hours of attendant care per day.

At issue in the trial was provision of additional aid and attendant care services. The Judge found the psychiatrist who treated the injured worker for nine years was more credible than the insurance company’s expert who saw the injured worker once. The Judge awarded the injured worker three additional hours of daily professional care to help with morning activities of daily living including assistance with getting to and from the bathroom, bathing, dressing, getting to the table for breakfast, grooming, shaving and brushing his teeth.

The insurance company accused the injured worker of making false and misleading statements regarding his ability to perform certain activities to his doctors and during his deposition. They then raised a misrepresentation defense which, if the Judge agreed, would allow the insurance carrier to deny all benefits, recover all monies paid by the workers’ compensation insurance company from the injured worker and report the injured worker to the Florida Department of Financial Services for criminal or civil action.

The video surveillance upon which the insurance company relied showed the injured worker walking a short distance without assistance and no apparent difficulty; driving a vehicle, exiting a vehicle and walking with obvious difficulty but without an assistive device; pushing a wicker chair into the back of his vehicle; and using both hands to lift each leg into the vehicle. The authorized medical provider testified that the video did not change his opinion that the injured worker would have good days and bad days and that on good days he can walk and get around better. Another workers’ compensation doctor testified medically there was nothing preventing the injured worker from driving and the injured worker never stated he could not walk or drive.

The Judge noted that the injured worker did not intentionally provide any false or misleading information for the purposes of obtaining workers’ compensation benefits. The Judge then denied the misrepresentation defense and awarded continued care as well as additional aid and attendant care services.

If you or a loved one have suffered a workplace injury or accident, or have had your medical care denied due to allegations of fraud or misrepresentation, contact one of our experienced workers’ compensation attorney’s today. Call (561) 616-3800 or contact us online to speak with one of the dedicated workers’ compensation attorneys at the Law Offices of Franks, Koenig & Neuwelt today.

Palm Beach car accident lawyer

We have offices in Florida, Georgia and Illinois. It is not only important to talk to an experienced workers’ compensation lawyer when you have been hurt on the job, it is also the best way to make sure that you receive proper medical services and lost wages you are entitled to under the law. After all, the Workers’ Compensation law was created to protect you – the employee.

See what Our Clients Have To Say

Florida’s Most Trusted Workers’ Comp Attorneys

Devin Major
Devin Major
August 9, 2022.
Verified
Best team I had ever working for me I really hope anybody who needs legal advise call them
Gregory Diggs
Gregory Diggs
August 4, 2022.
Verified
I recommend this law firm to anyone with a worker's compensation case. The staff does a great job and they treat you like family. Judd Koenig was my attorney and went the extra mile and then some more securing my a nice settlement of my case.
Cynthia Murray
Cynthia Murray
August 3, 2022.
Verified
Great Attorney thank you Eric Lakind and staff Attentive, friendly, answered ever questions got results when I could not do it myself Cynthia
Naisha Dorvilus
Naisha Dorvilus
August 2, 2022.
Verified
Lisa was my lawyer she asked me questions and was very helpful. She and her team communicated with me about my cause and I'm super happy with her service.i will definitely recommend her and her company
Jaime Ieli
Jaime Ieli
July 29, 2022.
Verified
My husband was hurt and never dealt with an attorney before. He looked up attorneys online & thru the grace of God got Lissa Dorsey as his attorney & she was truly amazing! She was very involved, always returned our phone calls & made the whole process as easy for us as she possibly could while my husband treated with Dr's and started his healing process. I would recommend her to any & everyone without a doubt.
Evelin Hernandez
Evelin Hernandez
July 21, 2022.
Verified
Best law firm in Palm Beach County, Lisa and Kim were the best. I recommend this law firm to everyone.
Tammy Dault
Tammy Dault
July 20, 2022.
Verified
Wasn't sure how it would work with me being in one town and lawyer in another but it all worked out in the end thank you for all your hard work.
Brandon moore
Brandon moore
July 19, 2022.
Verified
Great understanding lawyers! They were great in getting me a fair settlement and quick to respond to any questions I had. Thanks Kim and Lisa!
john heller
john heller
July 12, 2022.
Verified
They were always responsive to my calls did an excellent job of getting everything I needed. When it came time To settle my case Andy and J did an excellent job I’m very happy with the outcome and very happy with this law firm I would highly recommend them!!!!