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Workers’ Compensation Fraud Defense

In Lucas v. ADT Security, the 1st DCA reversed a ruling from the Judge of Compensation Claims that the injured worker committed fraud. In Florida workers compensation claims, it is common for insurance companies to utilize a ‘fraud defense’ to deny legitimate accidents and claims. The insurance companies often try to minimize the injury by sending you to their doctors who will claim you are exaggerating your symptoms. In this case, the Judge found the injured worker was exaggerating her pain but the 1st DCA said that’s not enough. The law requires the Judge to find false statements before denying a case for fraud. The 1st DCA held that reporting pain complaints out of proportion to the physical findings is not a statement. The Judge’s ruling was reversed and the injured worker was awarded benefits.

The fraud defense has been one of the most popular defenses used by insurance companies over the last 10 years. Often-times this defense is used when there is no fraud on claims that are absolutely real injuries. The attorneys at The Law Offices of Nicole Hessen, P.A. want to fight the insurance company’s tactics and make sure you get the benefits you deserve. Call now for a free consultation 561-246-6666.

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