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1st DCA Reverses Finding Of Fraud

In Jerette Lucas v. ADT Security Inc./Sedgwick CMS, the Judge of Compensation Claims denied all future benefits by entering an Order that Mr. Lucas violated 440.105 by intentionally misrepresenting his condition in an effort to obtain benefits.  The basis of this decision was the collective subjective complaints made by Mr. Lucas to his treating physicians.  The treating physicians testified they felt the subjective complaints were in excess of the objective proof of injury.  The 1st District Court of Appeals reversed the judges’ decision on the grounds that the employer/carrier failed to proved the subjective complaints were false.   There was “no evidence in the record that Claimant told anyone she could or could not perform a certain behavior that her actions belied” and therefore, a finding of fraud was inappropriate.

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