Law Enforcement Agencies Don’t Have To Tell First Responders About The Statutory Presumption

The 1st District Court of Appeal recently ruled that there is no requirement that an Employer/Carrier provide injured law enforcement officers information regarding the statutory presumption.

Officer Guevara was employed by the City of North Bay Village and was placed on light duty on March 15, 2007 after a physical revealed his blood pressure was elevated. His supervisor completed a Notice of Injury and the City of North Bay Village, through Florida Municipal Insurance Trust/Florida League of Cities, sent Officer Guevara an initial claim packet which included an informational brochure approved by the Department of Financial Services.

The packet did not enclose any information about a statutory presumption for injuries sustained by law enforcement officers. Unfortunately, Officer Guevara filed his Petition for Benefits seeking Worker’s Compensation benefits late.

The employer/carrier denied the claim on the basis that the statute of limitations defense had run and the Judge disagreed finding that the packet was so generic that it didn’t provide any meaningful information to Officer Guevara about the statutory presumption of causation afforded law enforcement officers under Section 112.18(1).

However, the 1st District Court of Appeals reversed the decision finding that Employer/Carrier’s don’t have a statutory duty to provide injured law enforcement officers details regarding the statutory presumption of compensability on first responder cases.

If you are a first responder and need help with this issue, give us a call today. We may be able to help you with your situation.