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Construction worker gets benefits despite inconsistent testimony

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construction

A Florida appellate court on Wednesday upheld an award of benefits to a construction worker citing the “abundant evidence” that he injured his left arm and shoulder at work.

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

A Ranger employee took him to Centra Care in July 2018, and the clinic’s records indicate that the onset of pain had been two months prior. In August 2018, Ranger authorized treatment for Mr. Brand after a doctor diagnosed him with left shoulder chronic rotator cuff tears, among other injuries.

A state judge of compensation claims accepted the expert medical testimony that Mr. Brand’s “significant cognitive limitations were the likely reason for his inconsistent and illogical testimony” about how and when the accident had occurred.

That court further accepted medical explanations as to how Mr. Brand’s job duties and activities placed significant stress on his upper extremities, causing injury over time.

The JCC awarded Mr. Brand temporary total disability and temporary partial disability benefits, plus medical care and penalties. The appeals court rejected Ranger’s arguments that the evidence failed to establish Brand had suffered a compensable injury in July 2018, noting that Mr. Brand had alleged an injury on that date, and that multiple medical records confirmed this, as did the date he first received treatment and underwent a post-accident drug test.

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

 

 

 

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