Davila v. FrankCrum 8, Inc. / Frank Winston Crum Insurance and Broadspire

HR Law Cases

JCC Ring (Ft. Lauderdale) (Paul Luger)(8-6-2020) – Denied compensability and all requested benefits.  The claimant alleged exposure to cold temperatures at work caused a host of injuries. The PFBs alleged compensability due to repetitive exposure, but at final hearing, the claimant suggested for the first time that there was an isolated accident at work,  in an effort to mold the facts to fit what little evidence was present.  Numerous employer representatives testified that the claimant changed a light or two in a refrigerated cooler lasting one to two hours at some point while employed with them and the claimant never told them that he had been injured at work or that he felt his injuries to be work related for at least months until after the potential exposure.  The claimant treated at a local hospital on 11/2/17 and sought to admit those records under Parodi/self-help.  The JCC rejected this attempt, as the claimant never requested medical care before going to the hospital, and there was no medical evidence the claimant suffered any compensable injury as a result of an accident at work.  The E/C’s IME physician provided the only admissible medical evidence, and he testified there was no evidence of any injury to the claimant as a result of any work accident or alleged cold exposure.  The JCC also cited to numerous inconsistencies in the claimant’s testimony (in deposition and at final hearing) in finding the claimant did not provide timely notice of his alleged accident.           Click here to view Order