Workers’ Compensation Defense Verdict Secured in a Previously Compensable Claim in Florida
We obtained a defense verdict on behalf of an employer/carrier in a previously compensable claim. We were able to prove the claimant knowingly and intentionally made false, fraudulent, and misleading statements under oath during two depositions, and to two authorized treating providers, which were contradicted by surveillance and other evidence, ultimately barring the claimant from further benefits. The fraud/misrepresentation defense is an affirmative defense, and the burden was on the employer/carrier to prove same. The case involved multiple expert and fact witnesses and presentation of multiple days of surveillance to the court.