JCC Awards TPD, Surgery, and MRI After Rejecting Misrepresentation Defense

Steven Ludt slipped and fell while taking out the trash during his June 14, 2024 shift for Circle K, then pursued lumbar-spine treatment, surgery, temporary partial disability benefits, and a corrected average weekly wage after the carrier later denied the claim.

Judge Jack A. Weiss rejected the employer/carrier's section 440.105 misrepresentation defense, finding Ludt disclosed his earlier 2023 motor-vehicle accident, signed medical releases, and was not shown to have knowingly hidden a prior low-back injury where the pre-accident records lacked lumbar imaging and did not establish the same radicular condition at issue in the workers' compensation case.

The order grants Dr. Vigna's requested back surgery, an updated lumbar MRI, physical therapy, and temporary partial disability benefits from November 11, 2025 forward, while also correcting the average weekly wage to $1,677.08 and awarding penalties, interest, attorney's fees, and costs.

Source: Compensation Order