In the Miami workers compensation case of Pedro A. Hernandez v. Tri-Star Airport Handling Services, the claimant had previously filed a petition for benefits that did not include their shoulder. Ten months after their workplace accident, the claimant filed a claim that their shoulder was also affected by the accident. The E/C’s IME, adjuster, and claimant’s former supervisor testified that there was no mention of a shoulder injury from the claimant at the time of the incident. The claimant failed to prove that their shoulder was compensable.
The E/C also filed a motion for reimbursement at this time, due to the claimant failing to show up at an IME appointment. However, they did not give the claimant timely written notice, contesting their claim.
Claim for compensability DENIED; E/C motion for reimbursement DENIED