JCC Denies Low-Back Claim After Finding Forfeiture-Level Misrepresentations

In Tom Wallace v. Interbond Corporation of America dba BrandsMart USA / Broadspire Services, Inc., OJCC Case No. 25-013706DAL, the claimant sought compensability of an alleged February 4, 2024 low-back injury, ongoing TTD and TPD benefits, authorization of a primary care provider to treat the back, and related fees and penalties. Judge Daniel A. Lewis noted the employer/carrier denied the accident as compensable and defended on notice, major contributing cause, and misrepresentation grounds.

The final order denied every claim. Judge Lewis found the claimant’s deposition and hearing testimony about prior back complaints, treatment, and medication use was false, incomplete, and misleading when compared with VA records, and held those statements were made to obtain workers’ compensation benefits, triggering forfeiture under section 440.105(4). The order separately credited employer/carrier IME Dr. Amar Rajadhyaksha over the claimant’s IME and found the claimant failed to prove the alleged work accident was the major contributing cause of his lower-back condition or need for treatment.

For employers and carriers, the ruling is a strong reminder that credibility and prior medical history can decide a case twice over: once on statutory forfeiture and again on medical causation. When the record shows material misstatements about prior treatment and the defense physician ties the condition to pre-existing complaints, a JCC can deny compensability, disability benefits, treatment, and ancillary fee claims in full.

Source: Compensation Order