Judge Jenkins Rejects Hernanado Cournty Sheriff’s Argument That Risk Factors Are The Same as Causation
Deputy Gore woke up in the middle of the night with chest pain and went to emergency room He was hospitalized and underwent cardiac stenting. Deputy Gore was out of work for 6 weeks and collected sick pay.
Hernando County Sheriff’s Office denied Deputy Gore workers’ compensation benefits under the Heart and Lung Act and he retained first responder worker’s compensation lawyer, Nancy Cavey. A Petition for Benefits was filed and Hernando County conitinued to deny Deputy Gore Florida worker’s compensation benefits arguing that Deputy Gore had personal risk factors, like smoking and a family history of cardiac problems.
Dr. Mathias, who examined Mr.Gore, and Dr. Nicero, Hernando County’s expert, both agreed that risk factors are not the same as causation. Judge Jenkins found that Deputy Gore had a medical condition that was covered under the Heart and Lung Act and that Hernando County did not rebut the presumption.
Judge Jenkins agreed with the doctors and applied the First District Court of Appeals ruling in Punsky in Deputy Gore’s case.
Judge Jenkins awarded Deputy Gore Floirda workers’s compensation medical and money benefits.
Answering these broad-based questions isn’t easy. Help is a phone call away. You can contact Nancy Cavey, an experienced long-term disability attorney at 727-894-3188.