Tyler-Fleming v. Swisher International, Inc./Broadspire Kemper Insurance Group

Vickey Tyler-Fleming (“Claimant”) appeals the denial of her November 2010 amended petition for workers’ compensation benefits (“PFB”) seeking medical treatment for a left knee injury she sustained in a May 2000 workplace accident. She argues the Judge of Compensation Claims (“JCC”) should have applied the doctrine of judicial estoppel to prevent the Employer/Carrier (“E/C”) from denying compensability. Finding judicial estoppel inapplicable to this case, we affirm the JCC’s order.

Claimant suffered a compensable left knee injury in May 2000, when she tripped down some stairs at work. The E/C…