Recently, the First District Court of Appeals in Florida issued an opinion in an appeal involving a workers’ compensation claim from a worker serving as a firefighter who suffered a heart attack and subsequently received a heart transplant after being diagnosed with COVID-19. According to the record, the firefighter was hired by Seminole County as a firefighter in 1993 after a clean pre-employment physical. In the early 2000s, he suffered cardiac problems that Seminole County accepted as compensable. Following his diagnosis, he received yearly treatment. In December of 2020, the firefighter tested positive for COVID-19. In January of 2021, he suffered a heart attack. After multiple surgeries, he received a heart transplant. Following his procedures, the firefighter filed a Petition for Benefits seeking indemnity and medical benefits on grounds that his heart attack stemmed from “heart disease” and thus the statutory presumption of work causation under section 112.18 applied to his case. Initially, Seminole County conditionally accepted the heart attack as compensable, but the county later denied compensability.
The Facts of the Case
The firefighter sought compensability under section 112.18.2 while Seminole County asserted as a defense, among others, that the claim was denied in its entirety because the criteria for the presumption were not satisfied. At the merits hearing, it withdrew the defense and stipulated that section 112.18 applied and that the worker was entitled to the statutory presumption of work causation. As a result, the sole issue before the Judge of Compensation Claims (JCC) was whether Seminole County successfully rebutted the presumption of work causation. At the hearing, the JCC accepted Seminole County’s argument that COVID-19 caused the worker’s heart disease, heart attack, and heart transplant. However, the JCC also found that Seminole County failed to rebut the presumption of work caused by proving that the worker contracted the virus outside of work. The JCC summarily denied Seminole County’s motion for rehearing.