Brooke v. Brevard County Board of Commisioners / Preferred Government Claims Solutions

HR Law Cases

Derrick E. Cox


JCC Dietz (Sebastian)(9-7-18) – Denied presumption per Fla. Stat. 112.18(1), denied compensability and medical care. The claimant worked for Brevard County as a solo fire medic and certified firefighter. He submitted a pre-employment physical which showed no hypertension. Four years later, he was diagnosed with hypertension. On the date of injury, he received a doctor’s note and was excused from work “for medical reasons” after feeling ill and elevated blood pressure. Parties stipulated the claimant was a member of the protected class and that his pre-employment physical showed no hypertension. E/C argued that essential hypertension is not within the scope of the presumption. JCC rejected E/C’s argument and accepted Dr. Borzak’s testimony that the claimant’s hypertension was cardiovascular. However, JCC agreed with E/C that the out of work note made no indication of disability or restriction, or “disablement” as required by the Statute. The burden was then on the claimant to prove the condition arose out of the claimant’s employment. JCC found the claimant did not establish that the two pressure readings on the date of accident arose out of or were in the course and scope of his employment.
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