Gillis v. Sysco Foods / Southeast Florida / Zurich / Corvel

JCC Johnsen (West Palm Beach)(Scott Miller) (10-21-22)– Denied all benefits based on claimant’s misrepresentations.  The claimant’s accident was accepted as compensable with benefits provided for over two years amounting to just under $47,000 paid out before the E/C denied the claim asserting a misrepresentation defense.  The JCC found that the claimant was not credible and provided false information to the E/C in deposition and to authorized providers for the purpose of securing workers’ compensation benefits.  Specifically, the claimant could not recall prior car accidents in deposition, denied prior car accidents to authorized medical providers, denied prior problems with his back in deposition and to authorized providers and denied prior diagnostics to his back.  At Final Hearing he admitted to a 2017 car accident but didn’t tell anyone about it because he didn’t consider it to be significant and testified that he never made back complaints or received care for his back as a result of the 2017 accident.  He also testified that the three chiropractic records documenting back pain and care in 2017 were not correct, which the Judge rejected.  Click here to view Order