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Cavey Barrett BlogFlorida First Responders and Their Rights to Workers' Compensation Benefits
Risks Factors Don' t Mattter Any More In Florida First Responder Claims
In a block buster decision on July 21, 2008, the First DistrictCourt of Appeals ruled munciipalities can't try to overcome the Florida First Responder's Presumption by arguing that other risk factors overcome the presumption.Florida Statute 112.18 says that First Responders who have heart attacks with no apparent nonoccupational cause are entitled to Florida workers compensation benefits.
To get the benefit of the presumption you must show that you pass a preemployment physical and your employer can't overcome that presumption. Municipalities typically try to overcome the presumption by showing evidence of pre-existing conditions and other personal risk factors, such as a family history of heart disease.
The Court found that there's a difference between risk factors and causation. The only way to overcome the presumption is to show a specific cause of the claimant's heart disease that isn't occupationally based.
This ruling in Punsky v. Clay County Sheriff's Office takes away one of the primary defenses I see raised to valid Florida First Responder Claims.
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Long Term Disability ERISA and Private Disability Insurance Claims
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