JCC Denies Knee Claims Based on Misrepresentation Defense

In Robinson v. Sherpa Delivery Direct LLC/CBCS, OJCC Case No. 26-002264WWA, the claimant sought temporary partial disability benefits and authorization for left knee arthroscopy after an alleged January 7, 2026 delivery-related fall.

Judge Wilbur W. Anderson found the claimant made repeated false statements about prior left knee problems, including recent 2025 emergency-department visits for knee pain and a fall, despite denying prior knee pain or treatment to the adjuster, under oath, and to authorized and independent physicians.

The JCC also found the claimant falsely denied a prior felony or fraud-related conviction, rejecting the explanation that the statements were innocent memory lapses. Applying sections 440.105(4)(b)1. and 440.09(4)(a), the order concluded the misrepresentations were knowing and intentional and denied all claims.

Source: Compensation Order