Cardiac Case Law – Do I Have to Be Disabled to Benefit from the Presumption?
The First District Court of Appeal has held in two cases that you must be disabled for the presumption to apply.
In Sheaffer v. City of Kissimmee, 942 So2d. 887 (Fla. 1st DCA 2006) and in Miller v. City of Del Ray Beach Police Department, 31 FLW D465 (Fla. 1st DCA 2006) record ruled that a presumption was not applicable since the first Responder was not disabled.
As of October 1, 2003, section 440.151(3) defined “disability” as “the incapacity because of injury to are in the same or any other employment the wages which the employee was receiving at the time of the injury.”