Village Apartments v. Hernandez

Village Apartments v. Hernandez

856 So.2d 1140 (Fla. 1st DCA 2003)

KK TAKEAWAY:

When a claimant gives inaccurate information pertaining to his accident or medical history, or current injuries, these responses are made by the claimant in support of his claim for benefits.

BACKGROUND:

At Final Hearing, a JCC did not find that the Claimant committed misrepresentation because there did not exist a written misrepresentation by the Claimant. The First District Court of Appeal reversed this ruling, based upon a finding that the JCC clearly misconstrued the requirements necessary to invoke the sanctions provided by section 440.09(4), which is the Florida Statute used to assert fraud or misrepresentation. The First District Court of Appeal went on to say that “Under most circumstances, accurate medical histories, evidence of prior accidents, and statements regarding the extent of current injuries are relevant and material to a workers’ compensation claim. These statements are relevant and material whether made to health care providers, or during testimony given at depositions or the merits hearing. In a workers’ compensation case, a claimant’s responses to inquiries regarding his prior accidents, current injuries, or medical history are made in support of his claim for benefits.” In this particular case, the Claimant testified three times during two depositions that he had no prior automobile accidents, which was false, as the Claimant had been involved in at least three prior accidents, with the most recent being only eight months prior to the first deposition. The First District Court of Appeal indicated that “motor vehicle accidents tend to be memorable.” As the Claimant had made false oral statements, the First District Court of Appeal found that the JCC misapplied the law by focusing only on written statements, and reversed the JCC’s Final Compensation Order.