McArthur v. MENTAL HEALTH CARE, INC.

In this workers’ compensation appeal, Claimant seeks review of a final order denying all of her claims for benefits pursuant to the so-called “fraud defense” in section 440.09(4), Florida Statutes (2007). Claimant raises three issues on appeal: 1) whether the Judge of Compensation Claims (JCC) erred in finding that Claimant committed fraud by failing to disclose the extent of her prior injuries and medical care; 2) whether the JCC erred in not ruling on Claimant’s claim that the employer/carrier (E/C) and its attorney committed fraud in their handling of this matter; and 3) whether Claimant…