JCC Rejects Wage-Fraud Defense and Grants Psychiatric and Spine Evaluations
Gregory Scott Cash sought a psychiatric evaluation, an orthopedic spine evaluation, a chest CT scan, and a replacement foot-and-ankle specialist after an August 2024 work accident and a later rollover crash while traveling to an authorized podiatry visit.
The carrier denied the requested benefits by arguing Cash falsified his 13-week wage statement and later earnings reports to support an average weekly wage of $1,200. Judge Jonathan E. Walker rejected that defense, finding Cash credible and concluding the carrier did not prove any knowing misrepresentation where the employer supported the wage figure, QuickBooks records reflected the claimed earnings, and the wages were reported on the claimant’s tax forms.
On the merits, the JCC granted the psychiatric evaluation, the orthopedic spine evaluation, and a replacement orthopedic foot or ankle surgeon after Dr. Sonya Ahmed stopped treating the claimant. The JCC denied the chest CT request because the testing had already been authorized and performed, and also awarded attorney’s fees and costs with jurisdiction reserved on amount if the parties cannot agree.
Source: Compensation Order