JCC Denies Two Back-Injury Claims After Rejecting Accident Proof

Judge Wilbur W. Anderson denied all claims in Daniel Gaiser's case against AmeriServe Commercial LLC, Wesco Insurance Company, and Federated Mutual Insurance. Gaiser alleged low-back injuries from a May 12, 2025 roof incident and a January 21, 2026 ladder incident, but the JCC found he did not prove either work accident by a preponderance of the evidence.

For the May 2025 claim, the order emphasized the absence of contemporaneous reporting, the lack of supporting documentary evidence, and testimony from supervisors who denied being told about a workplace accident. The JCC also rejected the argument that Wesco waived compensability through later medical payments, finding the payments did not trigger or establish a 120-day waiver after the claim had been denied.

For the January 2026 claim, the JCC found the corroborating witness unreliable after inconsistent accounts and viewed the circumstantial evidence, including prior chiropractic treatment and imaging suggesting chronic lumbar findings, as inconsistent with claimant's version. Because claimant failed to establish compensable accidents, the JCC did not need to decide Federated's misrepresentation defense and ordered all claims denied.

Source: Compensation Order