November 17, 2021

Contact: Eric W. Boyer, Esq.
Managing Partner
305.670.1101 Ext. 1023


Workers’ Comp. Defense – No Evidence Found Claimant Reported On-The-Job Injury

Juan Carlos Garcia

MIAMIJuan Carlos Garcia, a partner in the Tampa office of Quintairos, Prieto, Wood & Boyer, P.A., represented the Employer/Carrier client in this case where an injured worker alleged an accident at work in January of 2021, with testimony he reported the accident to his supervisors and managers at the location. He alleged a low back injury from lifting/pushing at work but there were no witnesses to the accident. Per the evidence from the employer, claimant failed to report the accident to the employer within 30 days as required by law. He was aware of the requirement to report all accidents timely as he was himself a Ramp Leader at one point before. The employer representative testified that the accident was not reported until many months later when his attorney filed the claim. Claimant’s personnel file did not include any accident reports or documents of an accident before then.

An investigation was done and all supervisors were contacted regarding the alleged accident. The three supervisors testified at trial disputing claimant’s reporting of an accident to them. The Account Manager and Lead Supervisor also testified claimant never reported an accident at work and if he had, a report would have been done. Claimant would also have been sent to the clinic for care if he had pain. The injured worker sought treatment on his own and legal objections were noted for failure to comply with the statutory requirements of the self-help provision, along with objections to the medical evidence claimant attempted to introduce.

The Judge ruled in favor of the Employer/Carrier on the lack of timely reporting. The Order listed all evidence considered and the decision to accept the testimony of the employer witnesses, and reject the testimony of the claimant. Per said Order, all medical care and indemnity was denied with prejudice.

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Juan Carlos Garcia is a partner in the Tampa office. His practice focuses on workers’ compensation defense, general liability and dental and medical malpractice defense. He represents clients in AHCA/Board actions before the Department of Health. Mr. Garcia regularly represents employers, carriers, self-insured companies and servicing agents with successful trial victories in multiple jurisdictions throughout Florida. He received his law degree from the University of Miami School of Law in 1999. He is bilingual and fluent in Spanish.

About QPWB

QPWB is the largest minority and women owned law firm in the nation with more than 380 lawyers serving clients from 27 offices in the U.S. and abroad. Our lawyers provide representation in litigation, business, real estate and governmental law.

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