JCC Denies Back and Neck Benefits After Misrepresentation Finding

In Elicoeur Bonne v. Preferred Materials, Inc./Liberty Mutual Insurance, Judge Frank Clark addressed claims for temporary partial disability benefits, compensability of work injuries, and authorization of a treating physician for back complaints after an alleged truck-ladder fall.

The employer/carrier accepted that the claimant fell at work and authorized orthopedic care, but disputed whether the accident remained the major contributing cause of any continuing disability or treatment need. The order credited the authorized orthopedic opinions that the claimant had longstanding degenerative cervical and lumbar conditions, reached MMI with no permanent impairment, and did not require further work-related care.

The JCC also rejected the claimant self-help argument for cervical surgery because the procedure was performed by an unauthorized provider while authorized treatment was available and had not been requested or preserved as a justiciable issue. The claimant IME opinion was found too general because it relied on a but-for causation theory and deferred future treatment specifics to another physician.

The order found the claimant intentionally made false or misleading statements about prior neck and back injuries, treatment, and motor-vehicle accidents for the purpose of obtaining workers compensation benefits. All claims in the February 12, 2026 PFB were denied and dismissed with prejudice, with jurisdiction reserved only for prevailing-party costs. OJCC Case No. 23-029377FJC.

Source: Compensation Order