Unauthorized purchases with company credit card nix further benefits
Case name: Rogers v. Crown Auto Dealerships, Inc., 17 FLWCLB 1 (Fla. JCC, St. Petersburg 2010).
Ruling: The judge of compensation claims found the worker violated the fraud provision of Florida's Workers' Compensation Act and was therefore barred from receiving further workers' compensation indemnity benefits.
What it means: In Florida, where an employer presents credible evidence that a worker was terminated for cause and JCC finds a worker's denial of wrongdoing was false and made for the purpose of continuing workers' compensation benefits, the worker will be barred from receiving further benefits.
A porter at an automobile dealership was injured in a work-related car accident. The employer accepted the accident as compensable and provided medical treatment to the porter. While he was on temporary total disability, the employer terminated him for allegedly violating company policy. The porter was accused of using the company credit card to purchase gas for his personal vehicle, as one of his duties was driving vehicles to a local gas station to put gasoline in them. The carrier stopped paying TTD benefits but continued to provide medical treatment. The porter denied using the company credit card to purchase gas for his own car. The JCC found the porter's testimony was not credible. She explained that the porter's "bald denial of wrong doing" in the litigation was made for purpose of obtaining workers' compensation benefits and violated Florida's fraud provision. The JCC barred the porter from receiving further workers' compensation benefits.
Read more at the WORKERSCOMP ForumTM homepage.
April 8, 2010
Copyright 2010© LRP Publications