for her back injury sustained in the work accident.
Williams v. Healthcare Cosmetology Services, Inc. OJCC Case No. 20-013230RLD (FL.Off.Judge.Comp.Cl. November 17, 2021)
By way of background, the Claimant worked for the Insured as a nail tech who did hair and nails. On the date of accident, the Claimant was working sitting in a chair preparing for her next customer who was scheduled for a manicure and
KK TAKEAWAY:
pedicure. The customer got off of an electric
There can be no basis for appointment of an
scooter to sit down in a chair, but her attendant
Expert Medical Advisor (EMA) where a party
turned the scooter on causing it to jump forward
fails to list witnesses/exhibits it is relying
and strike the Claimant. The scooter was then
upon to create a medical conflict that satisfies
turned off and pulled away from the Claimant,
§440.13(9).
but the attendant again turned it on and it jumped
BACKGROUND:
to the chair.
On November 17, 2021, JCC Dietz issued a
After about one (1) year of treatment, the
Final Compensation Order with regard to the
Employer/Carrier denied the Claimant’s request
Claimant’s request for continued medical care
for continued treatment based upon the Claimant
12 | IN THE
NOW
forward, landing on the Claimant and pinning her