A workers’ compensation Claimant alleged she was sprayed by a coworker with an unspecified cleaning product and sustained chemical burn injuries to her arms. Compensability was denied by the Employer/Carrier for lack of evidence that the alleged accident was the Major Contributing Cause of any injury, disability, or need for treatment. Under relevant case law, it is the Claimant’s burden to prove, by clear and convincing medical evidence, that exposure to the specific substance involved, at levels to which she was exposed, caused an injury. In the Claimant’s deposition testimony, she admitted that she did not know what chemical, or how much of it, purportedly contacted her skin. Judge Edward Almeyda in the Miami OJCC District agreed there was no evidence to establish a genuine issue and granted the Employer/Carrier’s Motion for Summary Final Order. Matthew J. Colgrove was counsel of record who secured the favorable ruling on behalf of G2 Secure Staff, LLC and Gallagher Bassett Services, Inc. The case was dismissed with prejudice which avoids exposure for medical and indemnity benefits.
