Arriaza v. South East Personnel Leasing: Thoracic Fracture Claims Denied on MCC

In Arriaza v. South East Personnel Leasing, Inc./Lion Insurance Company, OJCC Case No. 26-003807GJJ, Judge Gregory J. Johnsen considered claims for compensability, temporary disability benefits, and medical care after the claimant alleged thoracic compression fractures from carrying rebar on January 26, 2026.

The JCC rejected the employer/carrier's misrepresentation defense after finding that, although the claimant misstated whether he had a prior slip-and-fall accident, the evidence did not prove the statement was made for the purpose of obtaining workers' compensation benefits. The order then turned to compensability and major contributing cause, noting inconsistent proof over whether the injury came from a sudden accident on January 26 or from cumulative rebar work over several days.

The JCC accepted the employer/carrier IME opinion over the claimant's IME, emphasizing the claimant's osteopenia, uncontrolled diabetes, prior corticosteroid injections, and later T11 fracture without a new accident. Because the claimant did not prove a sudden compensable accident or that the alleged January 26 work activity was the major contributing cause of the thoracic injuries, the claims for compensability, TTD, TPD, medical care, penalties, interest, fees, and costs were denied.

Source: Compensation Order