First District Enters Confusing Decision on First Responder’s Burden of Proof In Heart and Lung Cases

In a confusing 18 page decision issued on February 27, 2009 in Punsky v. Clay County, the First District Cout of Appeals muddied the whole issue of burden of proof in First Responder Heart and Lung Cases. The 4 page concurring opinion by Judge Benton tries to make sense of who proves what and when. I will write more about this decision, it’s impact and what we can expect in the way of legislation.

In the meantime, I would suggest you read the decision for yourself.

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http://opinions.1dca.org/written/opinions2009/02-27-2009/07-3901.pdf