Sanchez v. NSPR CARE CENTERS, LLC/CCMSI and XL Specialty Insurance Company

JCC Almeyda –(Miami)(Paul Terlizzese)(8-24-2020)– Denied misrepresentation defense and denied TPD.  The claimant reported injuries to the knee and upper extremities, and only later her back. She had been involved in seven prior MVAs, but only recalled two.  EMA Dr. Hodor evaluated the claimant. Although he found the claimant had restrictions during the period in question, the JCC found the claimant had worked light duty with the employer, later abandoned her employment with no further contact, and that the employer continues to have modified work available. Further, the claimant’s reasons for not working include the back, a condition for which the claimant withdrew claims of compensability after the Hodor report came out. Additionally, the claimant had not looked for any work. The JCC found the claimant failed to sustain her burden to show the MCC of her alleged wage loss was due to the compensable injuries.    Click here to view Order