Disability Law

First DCA: Hypertension Does Not Equal Heart Disease

By David A. McCranie, Esq.

Florida firefighers, law enforcement officers, and corrections officers who develop heart disease are entitled to a presumption that the disease was caused by their employment if, at the commencement of their employment, they underwent a physical examination which failed to reveal any evidence of such a condition.  See §112.18(1), Fla. Stat.  What if the pre-employment physical showed that the employee had high blood pressure and he subsequently develops heart disease?  In Talpesh v. Village of Royal Palm Beach, decided on 9/15/2008, the First DCA held that evidence of the existence of high blood pressure in the pre-employment physical does not disqualify a firefighter from receiving the benefit of the presumption for his subsequent heart disease.

Full post as published by Florida Workers’ Compensation Law Blog on October 23, 2008 (boomark / email).