In Adainelys Gallardo v. A D 1 Management, Inc d/b/a A D 1 Global and Bridgefield Casualty Insurance Company the JCC found that the claimant had made numerous misstatements concerning her prior medical care and treatment in deposition. However, he found that she was a credible witness and did not knowingly and intentionally make false statements. The E/C fraud defense was DENIED. The benefit at issue was arthroscopic shoulder surgery. The JCC accepted the authorized physician’s opinion that surgery was not medically necessary and the claim for surgery was DENIED.