Rodrigo Camacho v. Kim’s Painting/Norguard, NV Acquisition Mgmt, Epic Development

The case of Rodrigo Camacho involved three different E/C’s; Kim’s Painting/Norguard (E/C#1), NV Acquisition Management(E/C#2) and Epic Development(E/C#3). The site of the accident was owned by E/C#2, and the Claimant was contracted by E/C#1.
The claimant was classified as an employee of E/C #1 based upon Florida Statute 440.02(15)(a) and 440.02(15)(c)3. Contractors are responsible for providing compensation to workers according to Florida Statute 440.10(1).
The case was complicated by the Claimant initially telling the hospital that he was injured at home, instead of the workplace. The Claimant testified that this was because the person who took him to the hospital told him that his treatment would be delayed or denied if he informed them that it was a workplace injury. The Claimant was determined to be telling the truth, based on evidence that E/C#1 had been called and informed about the accident. This misrepresentation was not made to secure worker’s compensation benefits, in which case the Claimant would have been barred from receiving benefits- as was in the case of McArthur v. Mental Health Care, Inc./Summit Claims Ctr. and Florida Statute 440.09(4)(a).

E/C#1 fraud defense DENIED; TTD AWARDED, TPD AWARDED, EMA appointment GRANTED; 150$ AWW GRANTED; Claims against E/C#2 and E/C#3 DENIED

Source: The 440 Authority

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