Disability Law

Claimant's False Social Security Number Not a Bar to Claim

By David A. McCranie, Esq.

I wrote here and here about whether false evidence of identification in the form of a false Social Security number can constitute "fraud" under §440.105(4)(b)9, Fla. Stat.  JCC John P. Thurman in Gainesville recently weighed in on the subject in Gonzalez v. Williston Timber, OJCC No. 07-018284JPT.

Mr. Gonzalez, who possessed a fifth grade education, purchased from some individuals whose names he could not recall a Social Security card upon migrating illegally to the United States.  He was later told by some friends that his card was not valid, but he did not believe them.  When he went to work for Williston Timber, no one told him that his card was invalid, and in fact Williston Timber never received any notice from the Social Security Administration that his number was not valid.  Following his on-the-job accident, he presented his Social Security number to his employer, to his authorized treating physician, and on his subsequent petition for benefits.  At some point after he filed his petition for benefits - the order does not say when or how - Mr. Gonzalez realized that the number was not valid, and he never used it again.

Based on these facts, JCC Thurman found that Mr. Gonzalez did not knowingly present false evidence of his identity, and he was therefore not guilty of violating §440.105.  Accordingly, he did not forfeit his right to future workers' compensation benefits under §440.09(4), Fla. Stat.

Full post as published by Florida Workers’ Compensation Law Blog on February 29, 2008 (boomark / email).