Calderon v. Super Landscape & Maintenance Inc.

Kate E. Albin

JCC Kerr (Miami) – (1-7-19)– Denied AWW correction, indemnity benefits, and medical benefits. Claimant alleged injury to his left shoulder and groin when carrying a heavy bin of coconuts. Claims were filed against Employer #1, his alleged actual employer and Employer #2 who he alleged was interchangeable with Employer #1 as they were both owned by the same individual. JCC rejected Claimant’s testimony based on numerous inconsistencies between his sworn and live testimony and lack of evidence to corroborate his version of events. JCC granted affirmative defenses that Claimant was not employed by Employer #1 and failed to timely notify Employer #2 of an accident. Claimant failed to carry his burden of proof to show by competent substantial evidence that he suffered an industrial injury in the course and scope of employment or that he notified his employer of the alleged injury. Claimant alleged the individual forced him to use an alias in order to be paid as part of an ongoing systemic fraud on the part of the individual. Claimant also alleged in retaliation for filing a workers’ compensation claim and that that individual reported him to ICE as an illegal immigrant. JCC did not address Claimant’s allegations that the Employer routinely hires undocumented workers, underpays them, and intimidates them.
View JCC Merits Order