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 medical benefits.
What medical evidence is required to establish disability?
In the case of the City of Jacksonville Fire and Rescue Department v. Battle, Mr. Battle was a firefighter who had successfully passed his pre-employment physical. He developed hypertension and heart disease and underwent a catheterization. He was taken out of work following the procedure for 3 days by his doctor.
The City of Jacksonville denied his claim on the basis that he wasn’t disabled, notwithstanding the fact that his physician had restricted him from working for 3 days.
As expected, the First District Court of Appeals upheld the Judge of Compensation Claims’ finding that Mr. Battles was disabled and restricted from working because of the catheterization.
What should I do if my First Responder claim has been denied?
Contact Florida Workers’ Compensation First Responder attorney Nancy Cavey who can help you get the Workers’ Compensation money benefits and medical benefits you deserve. Call today at 727-894-3188.
More than 20,000 women in the United States are diagnosed with ovarian cancer each year and over 15,000 women die annually from the disease. If diagnosed and treated early when cancer is confined to the ovary, the five-year survival rate is over 90 percent.
Ovarian cancer is a disease in which malignant or cancerous cells develop in your ovaries. There are many types of cancers and tumors that can form in the ovaries. Some are benign, or non cancerous, which can be treated surgically. Unfortunately, others are malignant or cancerous and the treatment options and outcome would depend on the type of ovarian cancer and how far it has spread before it is diagnosed.
What you should do if you’ve been diagnosed with ovarian cancer and have a long term disability policy
You may have purchased a long term disability policy through your employer or purchased one on your own. If you’ve been diagnosed with ovarian cancer, it’s important that you get out your long term disability policy and begin the application process.
Long term disability carriers don’t always make it easy for those with ovarian cancer to get the long term disability benefits you deserve. They may delay your application by requesting additional information or more forms to be completed by your physician. They may question your complaints of fatigue or the side effects of medication. Don’t let the long term disability carrier question your claim.
If you claim has been delayed or denied, contact Ovarian Cancer Long Term Disability attorney Nancy Cavey who can help you get the long term disability benefits you deserve. Call today at 727-894-3188 for a free no obligation 30 minute consultation.