Florida Labor Codes 112.18
From Wcc
§ 112.18 Firefighters and law enforcement or correctional officers; special provisions relative to disability
| (1) Any condition or impairment of health of any Florida state, municipal, county, port authority, special tax district, or fire control district firefighter or any law enforcement officer or correctional officer as defined in s. 943.10(1), (2), or (3) caused by tuberculosis, heart disease, or hypertension resulting in total or partial disability or death shall be presumed to have been accidental and to have been suffered in the line of duty unless the contrary be shown by competent evidence. However, any such firefighter or law enforcement officer shall have successfully passed a physical examination upon entering into any such service as a firefighter or law enforcement officer, which examination failed to reveal any evidence of any such condition. Such presumption shall not apply to benefits payable under or granted in a policy of life insurance or disability insurance, unless the insurer and insured have negotiated for such additional benefits to be included in the policy contract.
(2) This section shall be construed to authorize the above governmental entities to negotiate policy contracts for life and disability insurance to include accidental death benefits or double indemnity coverage which shall include the presumption that any condition or impairment of health of any firefighter, law enforcement officer, or correctional officer caused by tuberculosis, heart disease, or hypertension resulting in total or partial disability or death was accidental and suffered in the line of duty, unless the contrary be shown by competent evidence. History.--s. 1, ch. 65-480; s. 1, ch. 73-125; s. 32, ch. 77-104; s. 692, ch. 95-147; s. 21, ch. 99-392; s. 3, ch. 2002-236. |
Relevant Case Law
City of Tarpon Springs v. Vaporis Note: A JCC applied an improperly great burden of proof to a firefighter's employer in their attempt to overcome the presumption that his heart condition was suffered in the line of duty, and the case is remanded for further consideration. City of Port Orange v. Sedacca Note: Claimant's hypertension has not caused him to miss any work, thus he cannot demonstrate an incapacity resulting in actual wage-loss and cannot show disablement. Palm Beach County Sheriff's Office v. Bair Note: Where there is conflicting medical testimony, section 440.13(9)(c), Florida Statutes (2002), mandates the appointment of an expert medical advisor before applying the section 112.18 presumption. |
