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July 31, 2024 Robert Jorden Bressler v. Florida School Board Assn and Hartford Underwriters Ins. Co., No. 1D2022-4145, Apr. 11, 2024 The claimant, a senior claims adjuster, worked remotely in Orlando and once a quarter went to Tallahassee to the employer’s office. He typically was picked up by a rental car company. However, on the alleged date of accident, he had to ride an electric bicycle to the car rental facility. On the way there, he testified that he had an accident and hit his head on the cement while wearing a helmet. He claimed injuries to his head, neck, left elbow, right elbow and low back. He testified that he got back on his bike, picked up the rental car, went home, got cleaned up and drove to Tallahassee. He attended a training session the following day. He admitted that he did not give notice to his employer. He was terminated shortly thereafter. Prior to the alleged accident, the claimant had been diagnosed and treated for PTSD, anxiety and depression. Furthermore, a month before the accident, he was hit in the head by a barbell while working out. He went to the emergency room on July 7, 2021, (a few weeks before the alleged date of accident) and reported that he had sustained a head injury three weeks prior. In August 2021, he saw a neurosurgeon and had an MRI of the brain. For the work accident, the claimant underwent an IME. He reported the bicycle accident, complaining of chronic headaches, migraine, nausea, dizziness, photophobia and anxiety. He reported to the IME physician that he did not have any of those symptoms prior to the work accident. He also reported a brief loss of consciousness with the bike accident. He did admit to the barbell incident, but said he had fully recovered. The claimant did not reveal his prior mental history to the IME physician. The IME physician opined that the claimant’s symptoms were related to the bike incident and that further treatment was needed. On cross-examination and during deposition, the IME physician acknowledged that the claimant’s history as given was inconsistent with his deposition testimony. The claimant filed a Petition for Temporary Total/Temporary Partial Disability Benefits from the date of accident and continuing, compensability of the head and neck, injury and PICA. The employer/carrier denied, arguing there was no accident or injury, pre-existing medical conditions, misrepresentation and untimely notice. The claimant argued that notice was timely because the petition was filed within 30 days of the alleged date of accident. However, the judge pointed out that section 440.185 1(d), Florida Statutes (2021) states, “Documents prepared by counsel in connection with litigation, including but not limited to notices of appearance, petitions, motions, or complaints, shall not constitute notice for purposes of this section.” The claimant testified that he did not give notice to his employer of this alleged accident. The petition, pursuant to statute, does not serve to fulfill the notice requirement. The judge pointed out the inconsistencies between the claimant’s deposition testimony and the information he gave to the prior physicians and the IME physician. Due to the inconsistencies and misrepresentations in the testimony and history, the judge rejected the claimant’s testimony regarding the occurrence of a work accident. The judge pointed out that the claimant testified that he knew from being an adjuster that notice must be given within 30 days. The Order further noted that the claimant did not seek medical treatment for the significant injuries he alleged, instead waiting 30 days to file a petition requesting treatment. The judge found that the claimant made material misrepresentations for the purpose of obtaining worker’s compensation benefits. All benefits were denied due to untimely notice, material misrepresentations, no accident or injury, and no proven loss of earnings as a result of a compensable work accident. The claimant appealed, and the First District court of Appeal issued a per curiam  affirmance on April 11, 2024, without a written opinion.

July 26, 2024   Itasca, IL — Taking simple steps before work begins can help curb job-related musculoskeletal disorders.   Multiple experts reiterated that message on June 13 during the National Safety Council MSD Solutions Lab’s third annual virtual Workplace Safety Summit.   As the lab aims to reduce work-related MSDs by increasing access to safety best practices and technology – in part through commitment to its free MSD Pledge – member organizations tout the success of small but impactful activities to help keep workers safe. These include job planning, worksite assessment and stretching.   “There’s the $5 fix, there’s a $5,000 fix and there’s a $5 million fix,” physical therapist Dustin Reinbold said in a video played during the event. “And if you just spend some time with the employees, with your supervisors, and talk to them, you can usually find lots of $5 fixes out there that can make a real difference.”   Reinbold works alongside employees at Schneider Electric, one of the 200-plus organizations that have signed the pledge. That figure stood at 16 when the MSD Solutions Lab launched the pledge in 2022.   MSDs include tendinitis, back strains and sprains, and carpal tunnel syndrome. They’re the most common workplace injury and remain the leading cause of worker disability, early retirement and limitations to gainful employment.   “These injuries may not take someone’s life,” Paul Vincent, executive vice president of workplace practice at NSC, said during the event, “but they do take someone’s ability to enjoy their hobbies or play with their kids. These are not small losses, and we can’t afford to overlook them as a community, because not only do these injuries impact workers, but their families, employers and also communities.”   Dana Schultz, human resources and safety manager at Superior Tube Products, said her organization has reduced MSD injuries nearly 90% since signing the pledge.   One of its features, the MSD Solutions Index, offers members information about other participants’ MSD prevention efforts. Schultz credits the tool for helping Superior Tube in its mission to mitigate injuries related to repetitive motion, heavy lifting and awkward postures that can be common during steel tubing fabrication.   “You get access to companies all across the country that are in different stages of their safety program,” Schultz said.   Added Sarah Ischer, senior program manager for the MSD Solutions Lab: “When an organization joins the pledge community, they’re truly joining a community that they can share ideas with, network, benchmark and really understand what they can do to make their workplaces safer.”   Further, NSC announced it has awarded nearly $265,000 through its Research to Solutions and MSD Solutions Pilot Grant programs.   In a press release, NSC President and CEO Lorraine M. Martin said through the growth of the pledge “and awarding grants to some of the nation’s top innovators, we are one step closer to helping workers everywhere lead healthier, fuller, MSD-free lives.”   Grant recipients will be able to present safety findings at the 2025 NSC Safety Congress & Expo in Denver or another event in 2025.

July 15, 2024   A Florida appellate court ruled Friday that an employer should have been entitled to fully collect on its workers compensation lien because an injured worker failed to prove she didn’t receive full value from her injuries in a third-party settlement.   The Florida Sixth District Court of Appeal reversed a trial judge’s decision that denied a bid by Captain D’s LLC to recover money it paid out to Regina Atkins in workers comp benefits.    The trial court had reduced Captain D’s workers comp lien because it determined that Ms. Akins never received full value for her injuries in her settlement with an unnamed third party.   Terms of the settlement were confidential.   During an apportionment hearing, Ms. Akins’ attorney stated that a fair value of the case was $1 million, but the appeals court said the attorney never explained how he arrived at that figure, and no evidence was provided to support that calculation.   Ms. Akins had the burden of providing “competent evidence” demonstrating that she didn’t recover the full value of her damages in the settlement, which was not done in this case, the appeals court wrote: “That evidentiary failure here requires that we reverse and remand for recalculation of the lien apportionment amounts,” the court wrote.

July 22, 2024 The U.S. Occupational Safety and Health Administration said Friday that it cited a Florida construction contractor for the second time in five years for endangering employees who perform work at great heights.  OSHA cited Winter Haven-based Carpenter Contractors of America Inc. for one “willful-serious” violation and proposed $161,323 in penalties after inspectors found the company failed to provide required fall protection equipment to employees at a job site in Ave Maria, Florida, in January. The workers were observed during the inspection securing roof trusses and facia 32 feet off the ground. Carpenter Contractors has 15 business days to contest the citation and proposed penalties.

July 18, 2024   The proportion of work-related injuries among newly hired workers increased from 2017 to 2022, with workers under 25 reporting more frequent injuries than those 55 and older, according to a report released Thursday by the Workers Compensation Research Institute.   The report, which analyzed 8.4 million non-COVID-19 claims across 31 states, found that work injuries among workers with shorter tenure increased from 18% to 23% during the study period, the report states.   Five industries accounted for nearly three out of every four work injuries between 2017 and 2022, and 21% of all workplace injuries were for workers at or nearing retirement age, according to a report released Thursday by the Workers Compensation Researcher Institute. Those five industries are wholesale and retail trade, manufacturing, services, health care and social assistance, and transportation, warehousing and utilities.   The most frequent injuries highlighted in the report were for sprains and strains at 37%, and lacerations and contusions at 26%. The latter accounted for nearly two-thirds of all compensable injuries.   Researchers also looked at trends between genders, finding that the proportion of injuries attributable to men increasing “significantly” in the clerical, professional and health care sectors, and the proportion of injuries among female workers increasing “noticeably” in agriculture, transportation and utilities.

July 17, 2024 ORLANDO, Fla. (CBS12) — An Orlando woman pleaded guilty to conspiracy to commit wire fraud after investigators uncovered a nearly $8 million scheme. The U.S. Department of Justice (DOJ) said on Wednesday, Wendy Cudemo-Gamez registered a construction company she owned with the state. The company claimed to provide construction services and labor to contractors. However, according to the plea agreement, Cudemo-Gamez also used the company to engage in a scheme to defraud worker's compensation insurance providers. The plea agreement details that Cudemo-Gamez intentionally falsified information on insurance applications. She claimed her company had a limited payroll and a small number of employees working on construction sites, the DOJ said. Additionally, she made false claims through wire communications, assuring contractors that their workers had full worker's compensation coverage. In reality, Cudemo-Gamez’s company received and cashed more than $7.8 million in checks from construction contractors, the DOJ stated. The payroll figures that Cudemo-Gamez reported far exceeded the actual limited payroll. As a consequence, these workers, employed by Cudemo-Gamez lacked proper worker's compensation coverage, the release stated. The scheme also resulted in lost revenue for insurance companies as they were unaware of the actual number of workers requiring coverage. The DOJ stated that Cudemo-Gamez's fraudulent actions extended beyond insurance. Her company allegedly avoided ensuring workers were legally authorized to work in the United States and that required state and federal payroll taxes were paid. The contractors who utilized these workers' services were also able to evade these responsibilities. While no sentencing date has been set, the DOJ says the 47-year-old faces a maximum penalty of 20 years in federal prison.

July 17, 2024 ORLANDO, Fla. (CBS12) — An Orlando woman pleaded guilty to conspiracy to commit wire fraud after investigators uncovered a nearly $8 million scheme. The U.S. Department of Justice (DOJ) said on Wednesday, Wendy Cudemo-Gamez registered a construction company she owned with the state. The company claimed to provide construction services and labor to contractors. However, according to the plea agreement, Cudemo-Gamez also used the company to engage in a scheme to defraud worker's compensation insurance providers. The plea agreement details that Cudemo-Gamez intentionally falsified information on insurance applications. She claimed her company had a limited payroll and a small number of employees working on construction sites, the DOJ said. Additionally, she made false claims through wire communications, assuring contractors that their workers had full worker's compensation coverage. In reality, Cudemo-Gamez’s company received and cashed more than $7.8 million in checks from construction contractors, the DOJ stated. The payroll figures that Cudemo-Gamez reported far exceeded the actual limited payroll. As a consequence, these workers, employed by Cudemo-Gamez lacked proper worker's compensation coverage, the release stated. The scheme also resulted in lost revenue for insurance companies as they were unaware of the actual number of workers requiring coverage. The DOJ stated that Cudemo-Gamez's fraudulent actions extended beyond insurance. Her company allegedly avoided ensuring workers were legally authorized to work in the United States and that required state and federal payroll taxes were paid. The contractors who utilized these workers' services were also able to evade these responsibilities. While no sentencing date has been set, the DOJ says the 47-year-old faces a maximum penalty of 20 years in federal prison.

July 8, 2024 Employers will face three major workplace safety challenges in the coming years, but all can be mitigated through evolving safety solutions, workers’ compensation professionals say.   The report, Challenges for Today’s Worker–The Big Three: Physical Space, Mental Health and Environmental Impact, presented by National Council on Compensation Insurance (NCCI) Insights at the 2024 Annual Insights Symposium in May, took a deep dive into top workers’ compensation issues. The study identified weather-related injuries, the evolution of safety and the impacts of mental health as critical factors to watch. Read more