Disability Law

Firefighter Entitled to Benefit of Statutory Presumption; Awarded PTD Benefits

By David A. McCranie, Esq.

A firefighter who was diagnosed with peripheral vascular disease was entitled to the presumption afforded by §112.18(1) that the disease was caused by his employment.  And because his condition met or equaled a "Listing," i.e. an impairment listed in 20 C.F.R. Part 404, Subpart P, Appendix 1, he was presumed to be permanently totally disabled.  Note that this was a pre-10/1/2003 case so that the firefighter was entitled to an award of permanent total disability benefits if he met the test for disability used by the Social Security Administration.  Butler v. City of Jacksonville.

Full post as published by Florida Workers’ Compensation Law Blog on February 01, 2008 (boomark / email).