Arreola v. Administrative Concepts

We are again asked to address the parameters of section 440.105, Florida Statutes, frequently referred to as the “fraud defense.” The issue in this case involves Claimant’s providing a false Social Security number on several occasions after his injury, in connection with treatment. The employer/carrier (E/C) argued that Claimant’s actions were knowingly and intentionally committed in order to obtain workers’ compensation benefits. The Judge of Compensation Claims (JCC) accepted the E/C’s position and denied all claims under section 440.09, Florida Statutes, on the ground Claimant violated…