Construction worker receives benefits despite contradicting statements

A Florida appeals court on Wednesday upheld the award of benefits to a construction worker, citing “rich evidence” that he injured his left arm and shoulder while working.

Dallas Brand was working for Ranger Construction Industries Inc. when he reportedly injured his left arm and shoulder in 2018, although he later made conflicting statements about the date of his accident, according to documents in Ranger Construction Industries, Inc./Charter Oak Fire Insurance Co. v Dallas Brand, filed in the Florida District 1st Appeals Court at Tallahassee.

A ranger employee took him to Centra Care in July 2018. The clinic’s records indicate that the pain had occurred two months earlier. In August 2018, Ranger approved Mr. Brand’s treatment after a doctor diagnosed him with chronic rotator cuff tears on his left shoulder, among other things.

A state judge for damages claims accepted the medical report that “Mr. Brand’s significant cognitive impairment was the likely reason for his contradicting and illogical statements” about how and when the accident occurred.

That court also accepted medical explanations of how Mr. Brand’s professional duties and activities placed significant stress on his upper extremities and resulted in injuries over time.

The JCC awarded Mr. Brand temporary full disability and temporary partial disability benefits, as well as medical care and penalties. The appeals court dismissed Rangers arguments that the evidence failed to prove that Brand suffered a indemnifiable injury in July 2018, ruling that Mr Brand alleged injury that day and that several medical records corroborated it, as did that Date he first received treatment and underwent a drug test after an accident.

WorkCompCentral is a sister publication of Business Insurance. More stories here.


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