Carlos J. Hernandez, Esquire & Jane E. McGill, Esquire
Jane McGill and Carlos J. Hernandez, a partner in the firm’s Palm Beach Gardens office, recently won a major victory in the case of “Carida Ortiz v. AARP Foundation” OJCC# 23-005381, West Palm Beach District, JCC Johnsen. The claim was brought against AARP which pairs participants with a host agency to further their skills and to find permanent employment. In this case Ms. Ortiz alleged that she sustained a repetitive trauma because of the physical requirements of the job leading to injuries to her lower back. The Employer Carrier denied compensability in its entirety defending on the basis that no specific accident occurred which was the major contributing cause of the injury or need for treatment. Judge Johnson considered the totality of the evidence presented and denied all benefits finding that Ms. Ortiz failed to meet her burden of proof, by clear and convincing evidence, to demonstrate that she sustained a repetitive trauma injury to her lumbar spine during her participation in the AARP program.
