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Court Expands Florida First Responder Presumptions

A block buster case has expanded the reach of Florida First Responder Presumptions.In Butler v. City of Jacksonville, 33 Fla. L. Weekly T3 84 (January 31, 2008) firefighter Butler was diagnosed as having hypertension, which in turn, caused artheroscleorsis, which in turn, caused peripheral vascular disease (PVD).The First District held that because Mr. Butler was a firefighter, the Heart/Long bill found in section 112.18(1), excused him from "proving an occupational causation of a disease resulting in disability or death." The burden of proof is on the employer "to show by clear and convincing...

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Florida First Responder’s and Social Security Disability Benefits for Cardiac Claims

Florida First Responders may be entitled to Social Security Disability Benefits for Cardiac Claims if they have enough quarters of coverage and can meet the 5 step Social Security sequential evaluation process.At step 3 of the 5 step evaluation process, Social Security will look at Listing 4.0 Cardiovascular System which covers impairment from cardiovascular disease based on symptoms, physical signs, laboratory test abnormalities and response to therapy. Social Security wants to see longitudinal medical records that outline your treatment, therapy, response to treatment and your functional recovery.It is crucial that you explain...

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Pay and Investigate Rule and the Heart and Lung Presumptios

Florida statute 440.192(8) requires the employer carrier to pay and investigate while determining the compensability of a case.In Rushing v. Sumter Correctional Institute, OJCC No. 06- 025674JEM, correctional officer rushing was employed by for County Sheriff's office from 1993 until 2000. In July of 2000, he was hired by the State of Florida Department of Corrections.In 1997 he had a pacemaker surgically implanted and suffers from coronary artery disease, hypertension, and diabetes.Correctional officer Rushing claimed as of January 6, 2006, he was entitled to Florida workers' compensation benefits. F.S. Section 943.13 states that:"in order to...

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Florida First Responder’s and Chest Pain

Chest pain caused by cardiac disease can be the basis of a Florida workers' compensation claim. Nancy Cavey can help you understand your rights under the Heart and Lung Act.A the Mayo Clinic article about Chest Pain found here. explains there are two causes of chest pain -  cardiac  and non-cardiac. The cardiac causes are heart attack, angina and other causes.1.  A heart attack is caused by a blood clot that blocks the blood flow to your heart muscle.2.  Angina  is caused by artherosclerotic plaque which narrows the arteries that carries blood to your...

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What Every Florida First Responder Needs to Know About Hypertension

At Cavey and Barrett we represent many Florida First responder in thier workers' compensation claims who have hypertension. What is hypertension?Hypertension is a sustained elevation of the resting systolic blood pressure (140 mm Hg), diastolic blood pressure greater than 90 mm Hg or both. Hypertension with no known cause is called primary or essential hypertension.Hypertension with an identified cause is called secondary hypertension. This is usually secondary to a renal disorder.  Diagnosis of arterial hypertension is done by sphygmomanometry and treatment normally consists of lifestyle changes, diuretics, Bata blockers, ACE inhibitors, channel...

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You Can’t Have It Your Way: Burger King, Tomatoes and Florida Workers

The average American probably couldn’t go a day without ingesting a tomato in one form or another. It’s in your salads, on your hamburgers, or even in the ketchup that you put on your French fries. Tomatoes are involved in most of the recipes in any Mexican or Italian restaurant.Since this vegetable is so ubiquitous to the American diet, you could reasonably assume that they must be grown in enormous quantities. And they are. In fact, thousands of tons of them are grown and harvested every year here in Florida.Those of you who ...

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If You Read Nothing Else, Please Read This!

All too often honest, hard working people are taken advantage of by unscrupulous employers. Maybe you have heard the stories about how employers have not paid a fair wage to their employees or no wages of all because the employee did not know their legal rights. You are going to learn things in the enclosed Special Report that your boss may not want you to know.The enclosed Special Report you requested is offered to you by the Law Office of Cavey and Barrett. The information is not offered as legal advice, nor does...

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