The Florida 1st District Court of Appeal has ruled that a truck driver who concealed his medical history from his employer and treating physicians is barred from collecting comp for any further injuries. The driver, Alan Clark, was involved in two vehicular accidents in 2012 resulting in injuries to his shoulder, neck and lower back. The employer, R&L Carriers, agreed that the injuries were compensable.
Through the course of investigation, R&L discovered that Clark had previously filed a comp claim and participated in extensive litigation associated with the claim in Ohio. Additionally, R&L found medical records revealing that Clark had been treated for similar shoulder, neck and lower back injuries in the past. R&L proceeded to contest the claim based on Florida’s provision that any employee who “intentionally makes a false, fraudulent or misleading statement for the purpose of securing compensation cannot recover benefits.” The Judge of Compensation Claims found Clark’s misrepresentations to his treating physicians as grounds for denying the claim and the 1st DCA affirmed.