DERRICK WYCHE, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Dieujuste v. J. Dodd Plumbing, Inc., 3 So. 3d 1275 (Fla. 1st DCA 2009)
  …40.105(4)(b)l-3, Fla. Stat. (2005). A claimant’s misrepresentation as to his or her physical abilities made in order to obtain or enhance workers’ compensation benefits results in forfeiture of those benefits. See Village of N. Palm Beach v. McKale, 911 So. 2d 1282, 1284 (Fla. 1st DCA 2005) (Hawkes, J., concurring). Activities observable on surveillance video can serve as a basis for a finding of misrepresentation. See id. However, only oral or written statements can serve as the predicate for disqualificatio…
• Agustin Arreola v. Admin. Concepts & S. Eagle Ins. Co., 17 So. 3d 792 (Fla. 1st DCA 2009)
  …ry is whether a claimant’s misrepresentation—a misrepresentation the claimant thought would have a material impact on his case—was made with the intent to secure benefits. § 440.105(4)(b)l., Fla. Stat. (2006). See Village of N. Palm Beach v. McKale, 911 So. 2d 1282 (Fla. 1st DCA 2005). As to the first question, the JCC found at least three instances where a false Social Security number was given. The first was shortly after the accident, when Claimant was transported by ambulance to the hospital. The second w…
• Pavilion Apts. & Claims Ctr. v. Wetherington, 943 So. 2d 226 (Fla. 1st DCA 2006)
  …gly or intentionally made any false, fraudulent, incomplete, or misleading statement, whether oral or written, for the purpose of obtaining workers’ compensation benefits, or in support of his claim for benefits,” Village of N. Palm Beach v. McKale, 911 So. 2d 1282, 1283 (Fla. 1st DCA 2005), and those raising the defense have the burden of proof by a preponderance of the evidence. Id. The Workers’ Compensation Act contains no authority for the suspension of benefits based on a payor’s unilateral determination…

Authorities Cited

• Peterson v. State, 911 So. 2d 184 (Fla. 1st DCA 2005)
• O'Donnell v. Bellsouth Advertising & Publ'g Corp., 906 So. 2d 1264 (Fla. 4th DCA 2005)
• Gurley v. State, 906 So. 2d 1264 (Fla. 4th DCA 2005)