Jaggon v. Affinity Resources, LLC / Amtrust North America

Andrew R. Borah

JCC Forte (Miami) – (3-8-19)– Denied all further benefits based on misrepresentation – The claimant sustained a compensable right shoulder injury. At the claimant’s deposition he acknowledged a prior MVA in 2009 to the low back, a childhood sports injury to the hip, surgery to the left hand due to infection, and a prior kidney biopsy. He denied prior pain, injury, treatment with a doctor, and x-ray of the shoulder. Records subpoenaed from the facility where the claimant had left hand surgery revealed an 8/5/2016 visit (14 months prior to the industrial accident) where the claimant reported right arm and shoulder pain, 10/10, present for two weeks caused by trying to grab on to something to avoid falling. An xray of the right shoulder showed calcified bursitis tendonitis of the right shoulder. He was given pain medication and left the hospital against medical advice due to dangerously high blood pressure. The JCC found that the claimant made false statements in depo and to Dr. Meli when the doctor asked if he had any prior injury to the right shoulder. She rejected that the claimant forgot about the ER visit, that he wasn’t injured, or it was inconsequential wear and tear pain as the claimant recalled well an injury in 2009 and it is difficult to forget an ER visit just 14 months prior, with 10/10 pain where you left against medical advice.
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