Jose Alvarado Ortiz v. Arrez Brothers Carpentry LLC

In Jose Alvarado Ortiz v. Arrez Brothers Carpentry LLC, the claimant was awarded compensation for an industrial accident three years prior. The E/C discovered that the claimant was an undocumented worker, working under a false name and social security number.
The E/C denied compensability with a fraud defense. This was refuted due to Florida Statute 440.09(4)(a) and the case of Dieujuste v. J. Dodd Plumbing Inc. which claims that the claimant’s fraud would only negate their right to compensation if they had committed the fraud with the intention to attain worker’s compensation benefits. However it was proven that the claimant had falsified his identity for the purpose of gaining employment, not benefits.

Claim for authorization and compensation of medical care, transportation, translation services GRANTED; Claim for payment of penalties and interest DENIED; Claim for attorney fees GRANTED

Source: The 440 Authority

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