Wilbur Jenkins v. Hillsborough County Aviation Authority and Florida Municipal Insurance Trust, Florida League of Cities/ Workers’ Compensation Claims Depart

In Hillsborough County Aviation Authority, Florida Municipal Insurance Trust, and Florida League of Cities, Inc. Claimant was injured and authorized treatment but had a non-work related motor vehicle accident where Claimant was then denied all future medical treatment. At final hearing Claimant sought to have his IME testify live; EC argued that Claimant failed to show an alternate IME. JCC agreed with Claimant that Claimant was allowed to substitute his choice of IME. However, JCC sustained EC’s alternate objection that allowing Claimant’s IME would be trial by ambush as Claimant’s IME did not prepare a report. Claimant’s IME opinions EXCLUDED. Furthermore, EC argued that denial of further medical care was due to a break in chain of causation from the subsequent motor vehicle accident and asserted a misrepresentation defense arguing Claimant provided false statements in an effort to obtain indemnity and medical benefits. JCC found that EC failed to demonstrate a break in chain of causation as the motor vehicle accident is not the major contributing cause of the need for treatment. Furthermore, EC waived the defense of misrepresentation when they agreed to payment of indemnity claims on the eve of final hearing.
Request for medical appointment GRANTED in part and DENIED in part

Leave a Reply