Kelley Kronenberg - In the Know – Workers’ Compensation - January 2022

Page 12

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


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