JCC Bars Benefits Over Deposition Misrepresentations About Activity

In Christopher Faircloth v. Total Electric Service of Tampa, Inc./RetailFirst Insurance Company, OJCC Case No. 25-007282JPM, the claimant sought cardiac clearance, reinstatement of temporary total and temporary partial disability benefits, penalties, interest, fees, and costs after a March 2025 accident involving a cart struck by a vehicle.

Judge John P. Moneyham denied the pending petitions with prejudice after finding that the claimant knowingly made false and misleading statements about his post-accident activity level, including working out at a gym, jogging, and doing pull-ups. The order found those statements were made during litigation for lost wage benefits and were intended to help obtain workers compensation benefits.

The practical takeaway is that a section 440.09(4)(a) misrepresentation finding remains case-ending. Once the JCC found prohibited acts under section 440.105, the claimant lost future entitlement to benefits, and the claims for indemnity, medical relief, penalties, interest, attorney fees, and costs were all denied with prejudice.

Source: Compensation Order