Robertson v. John Knox Village / MEMIC

JCC Lewis (Fort Lauderdale) (Kate Albin)(12-2-22) Denied all benefits based on no timely notice and MCC.  The Claimant, a CNA, alleged a lifting injury to the low back in January 2022.  She acknowledged that the first time she reported it to a supervisor was April 29, 2022.  The Claimant testified that this was because her back pain went away and she started having leg pain, which she did not realize was related to the back pain.  The judge found that the Claimant’s credibility was suspect, as the records from her PCP in March showed that she reported both leg and back pain and did not reflect that she reported an incident at work.  The Claimant was also found not to be credible because she said she was never told how to report an on-the-job injury but the employer produced a signed copy of reporting procedures, and because she reported that she had a prior MVA but had not injured her back, but that was contrary to medical records from her PCP.  Since the Claimant was found not to be credible, the JCC rejected her reasons for failure to report.  He also accepted the opinions of the E/C’s IME (Meli) that the industrial accident was not the MCC of the Claimant’s injuries and need for treatment, noting that the Claimant did not offer a competing medical opinion.   Click here to view Order