Disability Law

Sheriff Reinstates Deputy Pending Completion of Fraud Investigation

By David A. McCranie, Esq.

As I discussed here, an employer's or carrier's allegation that an employee has committed workers' compensation fraud by violating one or more provisions of §440.105 can sometimes have collateral consequences.  For example, in Sickles v. Pasco Co. Sheriff's Office, JCC Hafner concluded that Sickles, a deputy sheriff, had knowingly made false statements in connection with his workers' compensation claim in violation of §440.105 and that any further benefits on account of his accident must be denied for that reason.

Two days later, according to this 5/29/2008 article from the Tampa Tribune, the Pasco County Sheriff's Office suspended Sickles from his job without pay and without benefit of a pre-suspension hearing.  That prompted Sickles' request for an injunction from the circuit court on the grounds that PCSO's action violated the "Police Officer's Bill of Rights" [see §112.532, Fla. Stat., which sets forth various procedural due process rights of law enforcement officers charged with misconduct].  According to the article, the lawsuit has now been "settled," although it appears that the sheriff's office is continuing its investigation.

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