KOTLER LAW | Workers Compensation Lawyer

#misrepresentation

Alberto Escobar v. Sunlight Windows, Inc. and US Administrator Claims

In Alberto Escobar v. Sunlight Windows, Inc. and US Administrator Claims the accident and injuries were originally accepted as compensable and the claimant was paid indemnity and provided medical benefits. The E/C then secured surveillance footage which showed the Claimant engaged in physical activities which were contrary to his representations in deposition. The unrepresented claimant …

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Norman Evans v. Vets USA II, Inc. and Amtrust North America of Florida, Technology Insurance Company

In Norman Evans v. Vets USA II, Inc. and Amtrust North America of Florida, Technology Insurance Company the Claimant is requesting a follow up appointment with an authorized provider and payment of a medical bill. The E/C defends the issues on the defense of major contributing cause, failure to provide timely notice of alleged accident, …

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Agatha Chloe v. Dillard’s

Jacksonville Workers Comp Agatha Chloe v. Dillard’s (Gallagher Bassett Services) | Jacksonville Workers Comp In the Jacksonville workers’ compensation case of Agatha Chloe v. Dillard’s, the employer terminated benefits based on a misrepresentation defense. The claimant petitioned for reinstatement of both their indemnity and medical benefits. The employer refused and stated that the claimant had …

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Ralph Williams, Jr. v. Waste Management of Orlando and Gallagher Bassett Services

The Florida workers compensation case of Ralph Williams, Jr. v. Waste Management of Orlando and Gallagher Bassett Services regarded a violent incident between two employees. The claimant was shot in an altercation with a coworker, and was diagnosed with post traumatic stress syndrome and major depressive disorder without an MMI. The E/C denied compensation on …

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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 …

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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 …

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Lorrie Ann Thurman v. Carrol Fulmer Logistics

Lorrie Ann Thurman v. Carrol Fulmer Logistics Corporation followed an accident that occurred on March 20, 2020 that was previously accepted by the E/C as a compensable injury. The E/C later claimed that the claimant had falsely represented the injuries to gain workers’ compensation benefits. Thurman was found to have previous medical history concerning her …

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Timothy Ambuehl v. Cox Communications and Broadspire Services and Illinois National Insurance

After an accident on October 6, 2019, Timothy Ambuehl requested compensation regarding a shoulder injury. He appealed for coverage of a surgical procedure, temporary total disability benefits (TTD) and temporary partial disability benefits (TPD) at the behest of his employer, Cox Communications. In examination of the case, the employer refused to provide compensation under the …

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