Casana v. Costex Tractor Parts / Amtrust North America of Florida

Andrew R. Borah & Kate E. Albin

JCC Young (Tampa) – 10-22-19 – Denied all claims by upholding misrepresentation defense. The JCC denied multiple Motions In Limine to exclude the E/C surveillance when Claimant authenticated the surveillance during his direct examination. The JCC also rejected the claimant’s attempt to present “Expert translator testimony” intended to suggest that the claimant’s reports to doctors were not accurately relayed or understood. The JCC found the level of activity reflected in surveillance viewed by the physicians and at trial establish the Claimant misrepresented his capabilities and pain complaints to the physicians. As such, the Claimant made misleading statements to his authorized physicians with the intent to secure benefits.
View JCC Merits Order