Gertrudis Santaella v. Sky Chefs, Inc. and Liberty Mutual Insurance Company

Jerry Hayden (Miami, FL) (Workers’ Compensation) An evidentiary hearing was held with respect to the Claimant’s third request for a $2,000.00. The Claimant sought the advance on the basis of financial distress. After cross-examining the Claimant, the E/C established that her affidavits filed in support of the motion were not reliable or credible. The E/C also presented evidence that the Claimant was previously provided two advances, with a remaining balance due of $3,779.19. Testimony from the authorized spine surgeon established that the Claimant was at MMI at the time of the request. The E/C argued that awarding another $2,000.00 advance was prejudicial to the E/C. The JCC rejected the Claimant’s financial affidavit finding that it was inaccurate and contained significant inconsistencies and omissions such that it was not reliable evidence of her financial income and expenses on which the court could rely. The JCC also found that the combination of the outstanding advance balance together with the limited anticipated future benefits from which repayment could be made would result in prejudice to the E/C. The JCC denied the Claimant’s request for a $2,000.00 advance.