Damian Marks, a fire fighter with the Volusia County Fire Services, responded to a call and had elevated blood pressure and an irregular heart rate.
He was taken to the hospital and underwent diagnostic tests that showed Atrial Fibrillation and essential hypertension. He was hospitalized for over a day and half and treated with medication so his heart rate was controlled.
Mr. Marks was then released to return to work without any restrictions and limitations.
He filed a claim for workers’ compensation benefits, which was denied. The judge found that Mr. Marks was not entitled to the presumption that his heart disease was suffered in the line of duty because he wasn’t “actually incapacitated from performing his work activities as a result of the Atrial Fibrillation condition.”
The 1st District Court of Appeals told the judge he was wrong!
Mr. Marks was hospitalized for diagnostic purposes and also because he was in need of treatment.
If, on the other hand, he had only missed work or had been hospitalized merely for diagnostic purposes, Mr. Marks would not have entitled to workers’ compensation benefits.
If you are Florida First Responder whose workers’ compensation claim has been denied contact first responder attorney Nancy Cavey who represents first responders in their workers’ compensation claims throughout the state of Florida.