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What Is “Disability” For The Purposes Of Collecting First Responder Workers’ Compensation Benefits?

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If you’re a First Responder, Section 112.18 of the Florida Statutes provides that any condition or impairment caused by tuberculosis, heart disease or hypertension resulting in total or partial disability or death is presumed accidental and be suffered in the line of duty, unless contrary evidence is shown by competent substantial evidence.Of course, you’ll have to successfully pass the physical examination upon entering into employment which did not reveal any evidence of any such condition for the presumption to be applicable.You are also required to show that you were disabled and restricted from working before you’re entitled to compensation or...

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Cardiomyopathy And Florida’s First Responded Presumption

Cardiomyopathy disability attorney

In a case of Orange County v. Wilder, the 1st District Court of Appeals has ruled that viral cardiomyopathy constitutes heart and “heart disease” as the term is used in Section Florida Statute 112.18.  If a presumption applies, a first responder is under no obligation to establish occupational causation and the employer has the burden to prove that they did not get the virus at work.Are you a first responder and have a question about this issue? We represent all over the state of Florida First Responders who need help just like in this situation. Give us a call 727-894-3188...

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

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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...

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First Responders Required to Give Notice of Injury to their Employer

If you are first responder you are required to provide your employer with notice that you have condition that’s covered under the Heart and Lung Act and claim benefits. Unfortunately, many employers simply don’t educate first responders about their entitlement to worker’ compensation benefits under the First Responder Act.In the recent case of Forester vs. Florida Highway Patrol/Department of Highway Safety, Investigator Forester developed uncontrolled hypertension for which medication was prescribed. He was out of work for over ten days and he advised his supervisor of this medical situation. Despite advising his supervisor and coming back to work with a...

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Voluntarily Resigning Your Job May Jeopardize Your Rights to Compensation Benefits

If you are a Florida first responder who has compensable industrial injury or losing in your wages before maximum procurement, you may be entitled to what is called temp or partial benefits.However, if your employer offers you a light duty job and you walk away from it, you may not be entitled to temp or partial benefits, a voluntary resignation doesn’t alone support a denial after resignation. The issue is going to be whether your refusal of employment was justifiable. If you are a first responder who has been offered a light duty job and don’t think it is with...

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