Case Law Update December 2023

Updated 12-18-23

Seminole County/Johns Eastern v. Braden,___So.3d ___ (Fla. 1^st DCA 12/13/2023)

First Responder Presumption

The DCA affirmed the JCC’s finding that the claimant’s heart attack and subsequent heart transplant were compensable. The E/C previously conceded that the heart lung statute and presumption applied to the above heart attack/transplant, which occurred after a COVID-19 diagnosis. The DCA agreed with the JCC that the E/C failed to rebut the presumption. The DCA also rejected the E/C’s constitutional argument that in cases where COVID-19 causes heart disease, F.S. s. 112.18 creates an irrebuttable, unconstitutional presumption, based in large part on the E/C’s concession that the presumption of work causation. Click here to view Opinion