One of the common defenses that employer/carriers commonly use in first responder claims is that the first responder didn’t pass the pre-employment physical. In the case versus Forester vs. Florida Highway Patrol, Investigator Forester had a pre-employment physical on October 19, 1993 that should blood pressure of 154/70, years after the fact, the state’s expert cardiologist, Dr. Talit testified that this was evidence of hypertension, while the claimants expert Dr. Sivasinkarne testified that a single blood pressure reading it’s evidence of hypertension. Judge Murphy rejected the argument that Investigator Foresters’ pre-employment blood pressure reading was abnormal and awarded workers’ compensation benefits.
